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GENERAL     LAWS 

OF  THE 

State  of  Vermont 

RELATING  TO 

ELECTIONS 

i 

PUBLISHED    BY    AUTHORITY.                                                                   i 

1 

j 

TITLE  3— Public  Statutes. 

IN  FORCE  AUGUST  1,  1907. 

Oo^xoRD,  N.  H. 

RujiFORD  Printing  Company. 

1907 

GENERAL     LAWS 


OF  THE 


State  of  Vermont 


RELATING  TO 


ELECTIONS 


PUBLISHED    BY    AUTHORITY, 


TITLE  3- Public  Statutes. 
IX  FORCE  AUGUST  1,  1907. 


Concord,  N.  H. 
RuMFORD  Printing  Company. 

1907 


This  pamphlet  contains  the  general  law  relating  to  elections, 
as  contained  in  Title  3  of  the  Public  Statutes  of  1906. 

Certain  provisions  relating  to  this  subject,  not  appearing  herein, 
will  be  found  in  the  Constitution,  and  elsewhere  in  the  Public 
Statutes. 


257148 


'^'\Ko\ 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/electionlawsverOOvermrich 


Chai'.  n.] 


ELECTIONS— DEKIXmOlVb. 


103 


TITLE  3. 

ELECTIONS. 

Chapter     6. — Definitions. 

Chapter     7. — Qualifications  of  voters. 

Chapter     8. — Cheek-lists  of  voters. 

Chapter     9. — Nominations. 

Chapter  10. — Regulation  of  canenses. 

Chapter  11. — Ballots. 

Chapter  12. — Warning  and  conducting  elections. 

Chapter  13. — Counting  and  returning  votes. 

Chapter  11. — Contesting  elections. 

Chapter  15. — Canvassing  votes  and  special  elections  for  repre- 
sentatives to  congress. 

Chapter  16. — Election  of  electors  of  president  and  vice-presi- 
dent. 

Chapter  17. — Oft'enses  against  the  purity  of  elections. 


CHAPTER  6. 

DEFINITIONS. 

Sec.  65.  "State  officers";  "county  officers";  "electors." 
The  words  '"state  otlicers,"'  as  used  in  this  tith>,  shall  include  the 
governor,  lieutenant-governor,  state  treasurer,  secretary  of  state, 
auditor  of  accounts  and  attorney  general.  The  words  "county 
ot^cers"  shall  include  senatoi-s  in  the  general  assembly,  judges 
of  probate,  assistant  judges  of  the  county  court,  state's  attorney, 
sheriff,  high  bailiff  and  justices  of  the  peace.  The  word  "elec- 
tors" shall  mean  electors  of  president  and  vice-president  of  the 
United  States. 


1904,  No. 
1904,  No. 
1902.  No. 
V.  S.  S  5' 
1894,  No. 


ri7,  §  1. 
58,  §  1. 
90,  §  99. 

162,  §  57. 


V.  s. 

§  61. 

1884, 

No.  00,  §  1. 

R.  L. 

§  02. 

G.  S. 

1,  §§1.  2.  :i. 

18G0, 

No.  20.  S  1. 

R.  S. 

1,  §§  1.  2.  S 

1812, 

p.  120.  §  1. 

R.  17 

07,  p.  .").">U,  S 

170.'!. 

p.  IC).  S  ."'.. 

It.  17 

.S7.  p.  .")ii.  S  '.' 

104  (^»;  WiMFirATTOXS    OF    VOTERS.  [Title  3. 

1890,  No^  4,  §  1.  Sec.  66.     "Board  of  civil  authority."     The  words  "hoard  of 

isoV,  N0..52,  §  1.  civil  authority.''  as  used  in  this  title,  shall  mean,  in  the  ease  of  a 
18SG,  No.  0  ,  §  -'.  i^Q^yn^  ^ijg  selectmen  and  town  clerk  of  such  town  and  the  justices 
residing  therein ;  in  the  case  of  a  city,  the  mayor  and  aldermen 
and  the  justices  residing  therein ;  in  the  case  of  a  village, 
the  trustees  of  such  village  and  the  justices  residing  therein ; 
and,  in  any  case,  such  suitable  member  of  an  unrepresented  po- 
litical party  as  may  be  appointed  a  member  of  the  board  of  civil 
authority  und(M'  the  provisions  of  law. 

CHAPTER  7. 

QUALIFICATIONS  OF  VOTERS. 

v.  s.  §  00.  Sec.  67.     Citizenship.     Citizens   of   the   United    States   and 

*■■    "  "      ■  persons  Avho  have  become  citizens  of  this  state  by  virtue  of  the 

constitution   or  laws   are,   while   residincr   in    Ihe   slate,   citizens 
thereof. 

Sec.  68.  Voters  at  general  elections.  Every  male  citizen, 
twenty-one  3'ears  of  age  or  more,  having  resided  in  the  state  one 
year  next  preceding  a  general  election,  shall  have  a  right  to  vote 
at  such  election  for  the  officers  to  be  elected  thereat,  in  the  town 
'■•  where  he  resides  on  the  day  of  such  election ;  but  he  shall  not 
vote  for  representative  to  the  general  assemlily  or  justices  at  such 
election,  unless  he  has  resided,  during  the  three  months  next 
preceding  such  election,  in  the  town  which  is  his  residence  on 
the  day  of  such  election. 
V.  s.  §  02.  Sec.  69.     Removal  and  non-residence.     No  citizen,  after  re- 

R^^L.  §^°02^'^'  ^  "*'     moving  from  and  residing  without  the  state,  shall  vote  at  such 
1864'  No^  7'^  election,  until  he  has  resided  in  this  state  one  year  preceding  the 

W-3;  ^'  ^  ^\\      o      ^^y  of  such  election  and  taken  the  oath  of  allegiance  to  the  state, 
the  oath  to  support  tlie  Constitution  of  Ihe  I'nited  States  and  the 
freeman 's  oath. 
V.  s.  §  o:;.  Sec.  70.     Residence.     The  residence  of  a  per.son  ft)r  the  pur- 

R^^L.  8  *03^  *^'  ^  ^     P*^^®  of  voting  at  a  general  election  shall  be  deemed  to  be  in  the 
»■  S'  i'  f  -■  town  Avhere  his  familv  resides,  if  he  has  one  within  this  state 

1811'.  p.  iiio.  §  1.      wliich  he  supports.     If  he  has  no  family  which  he  supports,  his 
residence  shall  be  in  the  town  in  which  lie  has  actually  spent  his 
time  during  the  three  months  preceding  such  election. 
V.  s.  §  0-1.  Hvx'.  71.     Residence,  how  retained.     A  j^erson  having  such 

ij^^l!  §'°o;;!''^'  ^  ^  residence  in  a  town  and  l)eiiig  temporarily  absent  therefrom  nuiy, 
for  the  ])urpose  of  voting  at  a  general  election,  retain  such  resi- 
dence during  such  absence  until  and  including  the  next  general 
election,  by  filing  a  declaration  of  his  intention  so  to  do  in  the 
town  clerk's  office  at  least  three  months  before  the  general  elec- 
tion at  which  he  wishes  to  vote,  or  upon  his  dt^parture  if  witliin 
such  time. 
1004,  No.  .-.s.  5  1.  Sec.  72.     Voting   in  another  town.     A   legal   voter   in    this 

'  *■  *  "■  '  ^  ■  state  may  vote  for  governor,  lieutenant-goNcriior.  stale  treasurer, 
secretary  of  state,  auditor  of  accounts.  ;illoiMicy  saeneral  and 
electors  of  j^residcnt  and  vice-president,  in  any  town  in  the  state, 
and  for  i-epi-esentative  to  congress  in  any  town   in  the  congres- 


Chai'.  8.]        CilECK-LIST    AT    (iENERAI.    ELECTIONS.  105 

sioiial  district  in  which  he  resides;  provided  that  such  voter 
files  with  the  clerk  of  the  town  in  which  he  desires  to  vote  a 
certificate  from  the  clerk  of  the  town  of  his  legal  residence, 
stating  that  such  voter's  name  is  on  the  check-list  last  required  by 
law  to  be  prepared  in  such  town. 

Sec.  73.     Residence  in  special  cases.     No  person  shall  gain  v.  s.  §  G5. 
or  lose  a  residence  by  reason  of  his  presence  or  ab.sence  while  in  ■^^2^'o^*'"  ^^"'  ^^  ^' 
the  service  of  the  state  or  of  the  United  States;  nor  while  en- J^a.J.-  i.^\, 
gaged  in  the  navigation   of  the  waters  of  the  state  or  of  the  isin,  no.  2,  §  9. 
United  States  or  on  tlie  high  seas;  nor  while  in  a  hospital,  alms- 
house or  asylum,  or  confined  in  a  public  j)rison  ;  nor  while  an 
inmate  of  a  soldiers'  home;  nor  while  a  student  of  a  college  or 
seminary  of  learning.     Such  student  maj'  adopt  the  town  where 
such  college  or  seminary  is  located  as  his  ])lace  of  residence  by 
filing  in  the  ck^rk's  office  of  such  town  his  declaration  to  that 
effect,  and  the  time  of  his  residence  shall  l)e  computed  from  the 
time  of  filing  such  declaration.     Inmates  of  the  soldiers'  home 
in  the  town  of  Bennington,  who  are  legal  voters  in  this  state, 
may  vote  in  that  town  for  electors,  state  and  county  officers  and 
representative  to  congress,  by  having  their  names  properly  en- 
rolled on  the  check-list,  if  they  elect  so  to  do;  l)ut  such  inmates 
shall  not  accjuire  a  legal  residence  in  Bennington  whih'  inmates 
of  such  soldiers'  home. 

Sec.  74.     Freeman's  oath.     No  person  shall  be  admitted  to  v.  s.  5  ce. 
take  the  freeman's  oath  or  vote  at  an  election,  luitil  he  has  ob- [1;  J<  1,  *§'*4. 
tained  the  approbation  of  the  board  of  civil  authority  of  the  |'^^?,-  |;  ^^3,-,   ^  3 
town  in  which  he  resides.  i;.  itst.  p.  r>o.  §  4.  ^'<-  i'^"-  p-  '"'^o.  §  ">• 

CHAPTER  8. 

CHECK-LISTS    OF   VOTERS. 

Sections  75-84. — Chock-list  at  general  eloetions. 
Sectioxs  85-90. — Chock-list  at  local  elections. 

Check-List  at  General  Elections. 

Sec.  75.     Selectmen    to    prepare.     The    selectmen    in    each  v.  s.  §  gt. 
town  shall,  at  least  thirty  days  before  a  general  election  for  the  r^^j;  j°65^'"*'  ^  "' 
election  of  state  and  coiuity  officers  and  representative  to  thej|^^g-  ^'°-  |^- 
general  assembly,  make  an  alplufbetical  list  of  the  persons  c|uali-  iS67,  No.  24,  §  1. 
fied  to  vote  at  such  election,  and  shall  forthwith  cause  copies  of        '  ' 
such  list  to  be  posted  in  two  or  more  public  places  in  such  town 
and  a  copy  to  be  filed  in  the  town  clerk's  office.     Upon  such 
check-list  shall  be  stated  against  the  name  of  each  voter  the  street 
and  number  of  his  residence ;  and  against  the  name  of  each  per- 
son who  has  not  resided  in  such  town  three  months  next  pre- 
ceding the  general  election  for  which  the  list  is  made,  it  shall  be 
stated  that  he  is  disqualified  to  vote  for  representative  to  the 
general  assembly  and  justices. 

Sec.  76.     Political  representation  on  board.     If  the  board  iS96.  No.  4.  §  1. 
of  civil  authority  in  a  town  or  village  does  not  contain  a  member 
of  each  political  party  which  would  be  entitled  to  have  its  nomi- 


106 


V.  s. 

«  68. 

R.  L. 

§  66. 

1870, 

No.  86. 

1868, 

No.  42, 

1867, 

No.  24, 

1866, 

No.  15, 

V.  S. 

§  60. 

R.  L. 

§  67. 

1880, 

No.  110, 

§  5 


1896, 
V.  S. 
1894, 
1882, 
R.  L. 
1868, 
1867, 
1866, 


No.  2,  § 
§  70. 
No.  1.  § 
No.  112, 
§  68. 
No.  42, 
No.  24, 
No.  15,  i 


1902, 
V.  S. 
1886, 


No.  00, 
S  71. 
No.  101 


CHECK-IJST    AT    (iKXKIJAI.    EI.KC'I'IOXS.         [Title  8. 

nations  printed  upon  tiie  official  ballots,  the  selectmen  of  such 
town,  or  the  president  and  trustees  of  such  village,  on  appli- 
cation in  writing  of  three  or  more  legal  voters  of  such  town  or 
village,  setting  forth  such  facts,  shall,  within  six  days  after  the 
presentation  of  such  application,  designate  and  appoint  some 
suitable  member  of  such  unrepresented  political  party  a  member 
of  said  board,  and  cause  a  certificate  of  such  appointment  to  be 
recorded  in  the  records  of  such  town  or  village;  and  the  person, 
so  appointed  shall  have  the  same  authority  in  making  and  re- 
vising the  check-list,  conducting  elections,  and  counting  and  can- 
vassing votes,  as  other  members  of  said  board. 

Sec.  77.  Revision  of  the  list.  Said  board  shall,  at  least 
fifteen  days  before  a  general  election,  ;i])i)()int  a  time  and  place 
for  revising  the  clieek-list ;  and  notice  of  the  hearing  thereon 
shall  be  attached  to  the  co{)ies  of  such  list  posted  u]).  and  lodged 
in  the  town  clerk's  office. 

Sec.  78.  Duration  of  hearing.  Said  board  shall  meet  at 
§  2.  the  time  and  place  appointed  and  remain  in  session  a  reasonable 
time.  It  may  adjourn  from  day  to  day ;  but  no  hearing  for 
revising  a  check-list  shall  be  held,  and  no  alteration  in  such  li.st 
made,  after  twelve  o'clock  at  night  of  the  Saturday  ])receding 
the  day  on  which  the  list  is  to  be  used,  if  the  genei-al  election  at 
which  it  is  to  be  used  is  held  on  Tuesdaj^;  and.  in  no  case,  shall 
there  be  a  hearing  by  said  board  to  revise  a  check-list  or  altera- 
tions made  in  the  same  within  thirty-six  hours  of  the  time  ap- 
pointed for  the  general  election  at  which  such  check-list  is  to 
be  used. 
1.  Sec.  79.     Proceedings   at   hearing;   corrected   list.     At   the 

1.       hearing   for  revising  the   check-list,   said   board  sliall    bear   and 
^  ^'  determine  questions  as  to  the  list  of  voters,  and  may  examine  upon 
!  ^-      oath  persons  claiming  the  right   to  vote,  require  the  production 
§ -.  3.  of  naturalization  j^apers;  and  it  may  administer  tlie  freeman's 
oath  to  n  person  who  will  be  entitled  to  take  the  same  at  such 
election.     Said  l)oard  shall  insert  upon  the  check-list  left  in  the 
town  clerk's  office  the  names  of  votei's  omitted  and  of  those  who 
will  become  of  age  on  or  before  the  day  of  sneb  election,  and 
erase  therefrom  the  names  of  ])ersons  not  entitled  to  vote,  having 
first  given  notice  as   jjt-ovided    in   the  second   following  section. 
The  list  so  correctcHl  in  the  town  clerk's  office  shall  not  be  altered 
except  by  adding  thereto  the  names  of  persons  who  shall,  at  such 
election,  become  (jnalified  to  vote,  and  the  names  of  pei'sons  who 
are  legal  voters  at  sn<'h   elertion   bnt    \vliose  names  ai"e  omitted 
from  such  completed  check'-list   solel\'  tlii'onuh  clerical    inislake. 
No  person  shall  be  entitled  to  have  liis  iiaiiu^  so  added  at   sneli 
election  who  became  of  age  before  the  time  fixed   ['ov  the  com- 
pletion of  the  check-list,  ludess  his  name  was  on   the  check-list 
when  complet(Ml.  but  had  Ixmmi  omitted    from  such  check-list  in 
copying.     Said  boai-d  shall   have  antliority  to  make  such   addi- 
tions and  eoiTeetions  to  the  coiiiiileted  cheek-list. 
§  00.        Sec.  80.     Residents  of  unorganized  towns  and  gores.     Kes- 
§  1.    idents  of   unoi'gani/.ed    towns   and    gores   may    ha\c   Ihcir   names 
placed  upon  the  clieck  list   in  any  town  in  the  |)rol>ate  district   in 


Chai'.  <s.]  CHECK-LIST    AT    LOCAL    ELECTIONS.  107 

which  they  reside,  and  shall  be  entitled  to  vote  for  state  and 
county  officers  and  representative  to  congress,  at  a  general  elec- 
tion in  such  town,  subject  to  the  same  conditions  under  which 
residents  of  such  towns  are  permitted  to  vote  for  said  officers. 

Sec.  81.     Names  not  erased  without  notice.     The  board  of  r.  i906,  §  79. 
civil  authority  shall  not  erase  from  the  checkTist  the  name  of  a  isos',  ko!  1,  §  1! 
person  appearing  thereon  without  having  given  forty-eight  hours '^, ^90'  xo'.'s,  §  1. 
notice  in  writing,  that  the  right  to  have  his  name  appear  on  the  f^J^^-  1;q%(>, 
check-list  has  been  challenged.     Such  notice  shall  also  state  the  i^^S*  i^i"-  ^t-  ^  -• 

1867,  No.  24,  §  5. 

time  and  place  of  hearing  and  shall  be  signed  by  the  clerk  or  isro,  no.  15,  §  2. 
chairman  of  said  board  and  be  served  on  the  person  challenged 
by  a  constable,  police  officer  or  one  of  said  board,  by  delivering 
a  copy  thereof  to  him  personally  or  by  leaving  the  same  at  his 
last  and  usual  place  of  abode. 

Sec.  82.     Election  of  congressmen  and  electors.     At  elec-  v.  s.  §  7?,. 
tions  of  representative  to  congress  and  electors,  the  check-list  ists]  sd.  70. 
used  at  the  preceding  general  election  shall  be  used,  with  such^'"^'^'  ^^"  ^"'  ^  ^' 
alterations  as  the  board  of  civil  authority  may  make,  subject  to 
the  foregoing  provisions  as  to  check-lists  for  general  elections, 
after  giving  six  days'  notice  of  a  hearing  for  revising  the  same. 

Sec.  83.     List  conclusive.     No  person  shall  vote  at  a  general  v.  s.  §  74. 

1804,  No.  1.  §  2. 

election  in  a  town  for  any  of  the  officers  to  be  elected  at  such  iss4^  No!  eb,  §~3. 
election,  unless  his  name  is  on  the  check-list;  but  such  check-list  isofi;  no.  15,  §  3. 
may  be  amended  and  corrected  at  such  election  as  i)rovided  in  the  ^^  ^  *•  ''^^■ 
fourth  preceding  section.     No  person's  vote  whose  name  is  on 
the  check-list  shall  be  rejected ;  but  a  person  shall  not  be  allowed 
to  vote  for  representative  to  the  general  assembly  or  justices, 
who  is  designated  on  the  check-list  as  disqualified  to  vote  for 
said  officers. 

Sec.  84.     Filing ;  evidentiary  force.     The  check-list  used  at  v.  s.  §  7.5. 
a  general  election  shall  be  filed  in  the  town  clerk 's  office  after  iscci  No.  is,  §  4. 
such  election ;  and  the  original,  or  a  copy  thereof  duly  certified, 
shall  be  evidence  in  court  that  a  person  whose  name  is  checked 
thereon,  voted  as  indicated. 

Check-List  at  Local  Elections. 

Sec.  85.     Selectmen  to  prepare,  when.     In  every  town  of  v.  s.  §  ic 

more  than  four  thousand  inhabitants,   and  in  other  towTis  on  J^gyn"  xj;  st. 

petition  in  writing  of  twenty  or  hiore  voters,  the  selectmen  shall.  ||g^'  ^^^-  jg- 

at  least  thirtv  davs  before  the  annual  town  meetinir,   make  a  -2^  y*.  718. 
■         "  "^  .  .10  \  r.  202. 

check-list  of  the  persons  qualified  to  vote  at  such  meeting,  and 
shall  forthwith  cause  copies  of  such  list  to  be  posted  in  two  or 
more  public  places  ih  such  town  and  a  copy  to  be  filed  in  the 
town  clerk's  office. 

Sec.  86.  Trustees  to  prepare,  when.  In  everv  incorporated  v.  s.  §  77. 
village  of  more  than  four  thousand  inhabitants  or  in  which  a  iggQ]  xo!  90,  §  1! 
check-list  is  required  by  special  law,  and  in  other  incorporated 
villages  on  petition  in  writing  of  twenty  or  more  voters,  the  trus- 
tees shall,  at  least  thirty  days  before  the  annual  village  meeting, 
make  a  check-list  of  the  persons  qualified  to  vote  at  such  meeting, 
and  shall  forthwith  cause  copies  of  such  list  tn  be  posted  in  two 


108 


V.  S.  §  78. 

1880,  No.  90,  §§ 

3,  5. 

R.  L.  §  2G5C. 

1870,  No.  86. 

1868,  No.  42. 

1866.  No.  15. 


V.  S.  §  79. 
1880,  No.  90,  §  4. 
R.  L.  §  2656. 
58  Vt.  718. 


.\().MIN.\TI()XS. 


['I'lTLE  3. 


V.  s.  §  so. 

1886,  No.  90,  §  6. 


V.  S.  §  81. 
1886,  No.  90,  §  7. 
1884,  No.  60,  §  3. 
R.  L.  §  71. 
1800.  No.  15,  §  3. 
58  Vt.  718. 


or  more  public  places  in  such  village  and  a  copy  to  be  filed  in  the 
village  clerk  "s  oi'fice. 

Sec.  87.     Villages;  officers'  duties.    The  pruvisiuus  of  this 

''  chapter  relating  to  check-lists  in  towns  shall  apply  to  check-lists 

in  villages;  and  the  duties  of  trustees,  boards  of  civil  authority 

and  clerks  of  villages  shall  be  the  same  as  those  of  selectmen, 

boards  of  civil  authority  and  clerks  in  towns. 

Sec.  88.  Hearings.  At  a  hearing  to  revise  the  check-list 
to  be  used  in  a  town  or  village  meeting,  the  board  of  civil  au- 
thority shall  hear  and  determine  questions  as  to  such  list  of 
voters,  and  may  examine  upon  oath  persons  claiming  a  right  to 
vote,  and  shall  insert  ui)()n  1he  check-list  left  in  the  town  clerk's 
office  the  names  of  voters  omitted  and  erase  therefrom  the  names 
of  persons  not  entitled  to  vote. 

Sec.  89.  Special  meetings.  At  special  town  and  village 
meetings,  the  check-list  used  at  the  preceding  annual  meeting 
shall  be  used  with  such  alterations  as  the  board  of  civil  authority 
may  make,  liaving  given  six  days'  notice  of  a  hearing  for  revising 
such  list. 

Sec.  90.  List  conclusive.  No  person  shall  vote  at  a  town 
or  village  meeting  at  which  a  check-list  is  required  to  be  used, 
unless  his  name  appears  thereon.  No  person's  vote  whose  name 
is  on  such  list  shall  1)0  rejected,  if  a  resident  of  tlic  town  or  vil- 
lage on  the  (lav  on  which  such  meeting  is  held. 


CHAPTER  9. 

NOMINATIONS. 

SECTio>ip     91,    92. — Noininaticns  l)y  convention  or  comniittee. 

Sectioxs     93,    94. — Nominations  by  ceitifitato. 

Section  95. — Requisites  as  to  number  of  candidates  and 

party  names. 
Sections     00-  99. — Filing  certificates. 
Sections  TOO,  101. — Vacancies. 

Section'  102. — Oltjections   to  certificates  of  nomination. 

Sectiox  lO;;. — Postins  nominations. 

Sections  104-107.— Offenses. 


V.  s. 

1802. 
1890, 


§   82. 
No.  1, 
No.  9, 


S  4. 


V.   S. 

1892, 
1S90, 


§    S3. 
No.   1. 
No.   9, 


SS  1. 


Nominations  by  Convention  or  Committee. 

Skc.  91.  How  made.  .Xoiiii nations  to  i)ul)lic  ol'licc  iua\'  be 
5.  iiiado  by  coiixciit ifui  of  oi-gaiiizcd  delegates  or  voters  re]>rcs(Miting 
a  political  party  which  polled  at  least  one  per  cent  of  the  entire 
vote  cast  in  the  state  at  the  i)receding  general  election  -,  or.  if  the 
office  is  to  be  tilled  by  the  voters  of  a  sul)division  of  the  state, 
nominations  may  be  so  made  by  a  political  i^arty  which  polled  at 
least  one  per  cent  of  the  entire  vote  cast  in  sucli  sulxlivision  at 
llic  ])i'('ceding  general  election.  A  comcntion  autlioi'izcd  to 
nominate  candidates  to  a  public  ofiic;'  may.  b\-  resolution,  autbor- 
i/e  a  committee  appointcil  by  it  to  make  mMuiiiat  ions  to  such 
office. 

Si;c.   92.     Requisites  of  certificate.     When   a    iioiniiiat  ion   is 
5,  made  uinb'r  llie  provisiojis  of  the  precediiiLV  seclion.  a  certiticate 


^\ 


Chai'.  9.J  NOMINATIONS.  109 

thereof  shall  be  made,  which  shall  contain  the  name  of  the  office 
for  which  each  person  is  nominated,  his  name  and  residence,  and 
shall  designate  in  not  more  than  three  words  the  party  which 
such  convention  or  connnittee  represents.  The  certificate  shall 
be  signed  by  the  presiding  officer  and  secretary  of  such  conven- 
tion or  committee,  who  shall  add  their  residences  and  make  oath 
to  the  same;  and  a  certificate  of  such  oath  shall  be  attached  to 
the  certificate  of  nomination.  When  the  nomination  is  made  by 
a  committee,  the  certificate  of  nomination  shall  contain  a  copy  of 
the  resolution  authorizing  such  nomination. 

Nominations  by  Certificate. 

Sec.  93.     How  made.     Nominations  to  public  office  may  also  v.  s.  §  S4. 
be  made  by  certificate  of  nomination  signed  by  voters  residing  in  isgo!  K'o.  o',  §  i. 
the  state,  or,  if  the  office  is  to  be  filled  l)y  the  voters  of  a  sub- 
division of  the  state,  by  voters  residing  in  such  subdivision,  to  the 
number  of  at  least  one  per  cent  of  the  entire  vote  east  in  the  state 
or  in  such  sul)division  at  the  preceding  general  election. 

Sec.  94.  Requisites  of  certificate.  When  a  nomination  is  v.  s.  s  S5. 
made  under  the  preceding  section,  the  certificate  shall  contain  isoo,'  xo.'  o,'  §  7! 
the  name  of  the  office  for  which  each  per.son  is  nominated,  his 
name  and  residence,  and  designate  in  not  more  than  three  words 
the  political  or  other  name  which  the  signers  sluiU  select.  The 
signatures  to  such  certificate  need  not  all  be  appended  to  one 
paper.  Each  voter  signing  such  certificate  shall  state  his  resi- 
dence and  that  he  is  a  voter  and  make  oath  to  the  same,  and  a 
certificate  of  such  oath  shall  be  added  thereto.  The  certificate 
of  nomination,  when  so  executed,  may  be  filed  in  the  same  manner 
and  with  the  same  effect  as  a  certificate  of  nomination  made  by  a 
party  convention  or  committee. 

Requisites  as  to  Number  of  Candidates  and  Party  Names. 

Sec.  95.     Number  of  candidates ;  party  name.     Xo  certifi- 1906,  No.  2,  §  1. 
cate  of  nomination  shall  contain  the  names  of  more  candidates  is92",  No.  i,  §  8. 
for  any  office  than  there  are  persons  to  be  elected  to  such  office,  "*■      >  -  o-    >  §    • 
and  no  person  shall  sign  more  than  one  certificate  of  nomination 
for  the  same  office.     The  political  or  other  name  selected  by  the 
signers  of  a  certificate  of  nomination  under  the  provisions  of  tlie 
two  preceding  sections  shall  be  substantially  different  from  the 
name  of  a  political  party  authorized  to  make  nominations  and 
file  certificates  thereof  under  the  provisions  of  the  third  and 
fourth  preceding  sections  and  also  substantially  dift'erent  from 
the  political  or  other  luune  already  selected  by  the  signers  of  any 
other  certificate  of  nomination  then  on  file  with  the  same  officer 
for  the  same  election. 

Filing  Certificates. 

Sec.  96.     Place   of    filing.     Certificates    of    nomination    for  v.  s.  §  st. 
offices  to  be  filled  by  the  void's  of  the  entire  state  or  of  any  sub-  isoo!  No!  9',  §  g. 
division  larger  than  a  county  shall  be  filed  with  the  secretarj^  of 
state ;  for  offices  to  be  filled  bv  the  voters  of  an  entire  countv  or 


no 


NOMINATIONS. 


[TlTLK    3. 


1898,  No.  2,  §  1. 

V.  S.  §  88. 

1802,  No.  1,  §  10. 

1890,  No.  9,  §  10. 


V.  S.  §  89. 
1892,  No.  ],  §  9. 
1890,  No.  9,  §  9. 


V.  S.  §  90. 

1892,  No.  1,  §  11. 

1890,  No.  9,  §  11. 


R.  1900,  §  98. 
1898,  No.  2,  §  2. 
V.  S.  §  91. 
1892,  No.  1,  §  12. 
1890,  No.  9,  §  12. 


probate  district,  -with  the  oouiity  elerk;  for  offices  to  be  filled  by 
the  voters  of  a  town  or  village,  with  the  town  or  village  clerk. 

Sec.  97.  Time  of  filing.  Certifieates  of  nomination  to  be 
filed  with  the  secretary  of  state  or  a  county  clerk  shall  be  filed 
not  more  than  fifty  nor  less  than  thirty  days  before  the  day  of 
election.  Certificates  of  nomination  to  be  filed  with  a  town  or 
village  clerk  shall  be  filed  not  more  tliaii  thirty  nor  le.ss  than 
fifteen  days  before  llic  day  of  election. 

Skc.  98.  Preservation.  The  secretary  of  .state  and  the  sev- 
eral clerks  shall  preserve  in  their  respective  offices  all  such  cer- 
tificates, and  the  same  shall  lie  open  to  public  inspection. 

Sec.  99.  State  nominations,  how  certified.  The  secretary 
of  state,  at  the  expiration  of  the  time  within  which  certificates 
of  nomination  may  be  filed  with  him.  shall  forthwith  certify  to 
the  county  clerk  of  each  county  in  which  any  person  may  vote 
for  a  candidate  named  in  such  certificates,  the  name  of  each  can- 
didate, together  with  the  other  details  mentioned  in  such  cer- 
tificate's. 

Vacancies. 

Sec.  100.  Withdrawals  or  deaths.  A  person  whose  name 
has  been  presented  as  a  candidate  may  cause  it  to  be  withdrawn 
by  notice  in  writing  to  the  officer  with  whom  the  original  cer- 
tificate was  filed,  at  lea.st  twelve  days  before  the  day  of  election, 
that  he  declines  such  nomination  ;  and  no  name  so  withdrawn 
shall  be  printed  upon  a  ballot.  If  a  candidate  duly  nominated 
withdraws  as  herein  provided  or  dies  before  the  day  of  elec- 
tion, the  vacancy  may  be  filled  by  the  political  party  or  other 
persons  who  made  the  original  nomination,  in  the  manner  pro- 
vided for  making  such  nomination ;  or,  if  the  nomination  was 
made  by  convention  or  caucus,  in  such  manner  as  the  convention 
or  caucus  has  previcmsly  j)rovided ;  or,  if  there  is  no  such 
provision,  then  by  the  regularly  elected  general  or  executive 
committee  representing  the  jiolitieal  party  holding  such  conven- 
tion or  caucus. 

Sec.  101.  Certificate  to  fill  vacancy.  The  certificate  of 
nomination  made  for  filling  such  vacancy  shall  state,  in  addition 
to  the  other  facts  required  to  be  stated  in  certificates  of  nomi- 
nation, the  facts  causing  the  vacancy,  the  name  of  the  original 
nominee  and  the  measures  taken  in  accordance  with  the  require- 
ments for  filling  the  vacancy,  and  shall  be  signed  and  swcu'n  to. 
If  the  original  nomination  was  not  made  by  a  convention  or 
committee,  then  the  same  voters  who  made  the  original  nomina- 
tion may  file  a  new  certificate  executed  in  like  maniici-  containing 
the  name  of  a  candidate  to  fill  the  vacancy  and  cont;iining.  in 
addition  to  the  other  facts  re(|uirc(l.  a  statement  of  \hc  facts 
causing  the  vacancy  and  the  name  of  \ho  original  nomin(>»\ 

Objections  to  Certificates  of  Nomination. 

V   R.  5  93.  Sec.   102.     Prima    facie    validity;    contesting.     Certificates 

isboi  No!  9^  §  l\i.      ^^  nomination  provided  by  this  title  which  are  in  appanMit  con- 

fonnitv  with  l;iw  shall  be  valid,  uidess  ohiection  thereto  is  made 


V.   S.  §   92. 

1892,  No.  1,  §  12. 


k 


Ohai'.  9.J  NOMINATIONS.  .  Ill 

ill  writing  at  least  ten  days  before  the  day  of  election.  If  snch 
objection  is  made,  notice  thereof  shall  forthwith  be  mailed  to  all 
candidates  w^ho  may  be  affected  thereby,  addressed  to  them  at 
their  respective  places  of  residence  as  given  in  the  certificate  of 
nomination.  The  officer  witli  whom  the  original  certificate  was 
filed,  shall,  in  the  first  instance,  pass  upon  the  validity  of  such 
objections ;  and  his  decision  shall  be  final,  unless  an  order  is  made 
by  a  judge  or  court  of  competent  jurisdiction,  upon  notice  duly 
given,  pointing  out  the  defect  in  the  certificate  of  nomination. 

Posting   Nominations. 

Sec.  103.  Duties  of  officers.  Tlie  clerk  of  each  county  v.  s.  §  94. 
shall,  at  least  six  days  before  a  general  election,  cause  to  be  de-  iggol  5sa  9,  §  15! 
livered  to  the  constable  of  each  town  and  the  clerk  of  each  city 
in  such  county,  five  copies  of  a  printed  list  containing  the  name, 
residence  and  party  or  other  designation  of  each  candidate  nomi- 
nated by  certificate  filed  with  such  county  clerk,  or  whose  nomi- 
nation has  been  certified  to  such  county  clerk  by  the  secretary  of 
state ;  and  such  constables  and  city  clerks  shall  forthwith  cause 
one  of  such  lists  to  l)e  posted  at  the  place  where  the  ballots  are 
to  be  cast  and  in  at  least  four  other  public  and  conspicuous  places 
in  such  town  or  city.  Constables  in  towns,  and  city  and  village 
clerks  shall  cause  similar  lists  of  candidates  nominated  by  cer- 
tificates filed  with  town,  city  or  village  clerks  respectively,  to  be 
posted  in  like  manner  at  least  six  days  before  the  election  at 
w^hich  such  candidates  are  to  be  voted  for. 

Offenses. 

Sec.  104.  Payment  of  money  to  secure  nomination.  No  1902,  Xo.  6.  j  1. 
person  shall,  directly  or  indirectly,  give,  pay,  expend  or  con- 
tribute, or  promise  to  give,  pay,  expend  or  contribute,  money 
or  other  valuable  thing,  in  order  to  promote  his  own  nomination, 
or  the  nomination  of  another  person,  as  a  candidate  for  a  public 
office,  by  caucus,  convention  or  nomination  papers,  except  for 
personal  expenses  as  provided  in  the  following  section. 

Sec.  105.  Same;  exception.  A  person  may  incur  and  pay.  1902,  No.  6,  §  2. 
in  order  to  promote  his  own  nomination,  or  the  nomination  of  an- 
other person,  as  a  candidate  for  a  public  office,  his  own  personal 
expenses  for  traveling,  for  writing,  printing  and  preparing  for 
transmission  any  letter,  circular  or  other  publication  not  issued 
at  regular  intervals,  whereby  he  may  state  his  position  or  views, 
or  the  position  or  views  of  another  person,  upon  public  or  other 
questions,  for  stationery  and  postage,  for  telegraph,  telephone 
and  other  regular  messenger  service,  and  for  other  petty  per- 
sonal expenses ;  but  all  such  expenses  shall  be  limited  to  those 
which  are  directly  incurnHl  and  paid  by  him. 

Sec.   106.     Publishers  to  receive  no  compensation  for  sup- 1902.  No.  g,  5  3. 
porting  candidacy.     No  publisher  of  a  newspaper,  or  other  pub- 
lication issued  at  regular  intervals,  in  this  state,  shall,  directly 
or  indirectly,  receive  or  accept  money  or  other  valuable  thing  in 
payment  or  compensation  for  the  support  or  advocacy  in  such 


112  KECiULA'lloN   OF  CAUCUSES.  [Tm.i:  :j. 

newspai)er  or  inil^llL-jitiou  of  the  iKuninaliun  uf  any  person  a.s  a 
candidate  for  a  public  office  in  this  state. 
1902,  xo.  G,  §  4.  Sec.   107.     Penalty.     A  person  Avho  violates  a  provision  of 

the  three  preceding  sections  shall  be  fined  not  less  than  one 
hundred  dollars. 

CHAPTER   10. 
REGULATION   OF  CAUCUSES. 

Sections  108,  1U9. — E.xeciithe  or  general  (■(unmitteos. 
Sections  110-122. — Kesistratiou  and  check-lists. 
Sections  123,124. — Illegal   voting  and  bribery. 
Sections  125, 12G. — Time  of  holding  caucuses. 
Section  127.— Ballots. 

Sections  128,  129.— Clerks. 
Section  loO. — Penalty. 

Executive  or  General   Committees. 

1904,  No.  2,  §  1.  Sec.   108.     Names   of   committee    certified.     The   chairman 

and  secretary  of  the  state,  congressional,  county  and  town  con- 
vention or  caucus  of  every  organized  political  party  shall,  within 
ten  days  after  such  convention  or  caucus,  tile  with  the  secretary 
of  state  the  names  of  the  members  of  the  state  or  congressional 
executive  or  general  committee  of  such  political  party  and  with 
the  county  or  town  clerk  the  names  of  the  nunubers  of  the  county 
or  town  executive  or  general  committee  of  such  party,  as  the 
case  may  be 
1904,  xo.  2,  §  2.  Si'X'.   109.     Conclusiveness;    objections.     The    executive    or 

general  committee  in  office  as  shown  by  the  certificate  filed  as 
provided  in  the  preceding  section  shall  be  recognized  as  such 
officers  of  their  respective  political  ])arties.  Objection  to  a  cer- 
tificate so  filed  shall  be  made  in  writing  and  filed  within  ten 
days  of  the  time  of  filing  such  certificate,  with  the  officer  with 
w^hom  such  certificate  is  filed;  and  such  objection  shall  be  heard 
and  determined  as  is  provided  for  hearing  and  determining 
objections  to  nomiiuitions  in  section  one  hundred  and  two. 

Registration   and   Check-Lists. 

1904,  No.  2,  §  3.  Sec.   110.     Request    for    check-list.     At    caucuses    to    elect 

delegates  to  conventions  to  nouiinate  stale  and  county  officers 
and  representatives  to  congress  and  representatives  to  the  gen- 
eral assembly,  the  voting  shall  be  by  ballot  and  check-list,  it'  a 
request  therefor,  in  wriliug,  signed  l)\-  |)crsons  qualified  to  vote 
at  a  general  election  e((ual  in  nuiubcr  to  live  pvr  cent  of  the  vote 
cast  for  governor  in  such  town  at  the  last  general  election,  is 
filed  in  the  tow^n  clerk's  office  on  or  before  the  fifteenth  day 
of  INFay  in  each  year  in  wliich  a  gcMieral  election  is  held. 

1904,  No.  2,  §  4.  Src.   111.     Blank   certificates   of   intention.     The   secrclar\' 

of  state  shall,  on  or  befcu'c  the  first  day  of  .March  in  each  year 
in  wliich  a  general  election  is  held,  furnish  at  the  expense  oT  the 
stale  to  the  scvcimI  lowii  clerks  a  sutlicieiil   uuiiibei'  id'  blntik  cer- 


Chap.  lO.J  HECULA'IK  )X   OF  CAUCUSES.  113 

tificates  for  all  persons  qualified  to  vote  at  a  general  election. 
Such  certificates  shall  be  so  prepared  that  they  may  be  attaciied 
to  blank  inventories  and  easily'  detachable  therefrom,  and  shall 
be  in  the  following  form  : 

"It  is  my  intention  to  act  and  vote  with  the 

party  at  the  coming  general  election. 

Signed . ' ' 

One  of  such  certificates  shall  be  attached  to  each  inventory  fur- 
nished a  male  resident  of  a  town  who  is  required  to  make  an 
inventory.  If,  for  any  reason,  a  person  qualified  to  vote  at  a 
general  election  is  not  required  to  make  an  inventory,  such  blank 
certificate  shall  be  furnished  him  by  the  listers  of  such  town. 

Sec.  112.  Voter  to  declare  intention.  Everv  person  qual- 1006,  No.  1,  s  1. 
ined  to  vote  at  a  general  election  who  desires  to  vote  at  any 
caucus  specified  in  the  second  preceding  section  shall  insert  in 
such  blank  the  name  of  the  party  with  which  he  intends  to  act 
and  vote  at  such  election,  sign  and  deliver  the  same  to  the  lister 
to  whom  he  delivers  his  inventory,  and,  if  he  is  not  required  to 
make  an  inventory,  he  shall  deliver  such  certificate  to  one  of  the 
listers  on  or  before  the  twentieth  day  of  May ;  provided  a  peti- 
tion requesting  such  a  use  of  the  inventories,  signed  by  persons 
qualified  to  vote  at  a  general  election  equal  in  number  to  five 
per  cent  of  the  vote  cast  for  governor  in  that  town  at  the 
last  general  election,  has  been  filed  in  the  town  clerk's  office 
between  March  fifteenth  and  April  first  in  the  year  in  which  such 
caucuses  are  to  be  held.  A  person  who  fails  to  return  a  cer- 
tificate shall  not  be  eligible  to  vote  at  any  such  caucus  held  dur- 
ing such  year.  The  listers  shall  detach  all  certificates  attached 
to  inventories  and,  on  or  before  the  twenty-second  day  of  ^lay, 
return  such  certificates  to  the  town  clerk. 

Sec.  113.  Filing.  A  town  clerk  shall  file  and  arrange  in  i904,  xo.  2,  §  6. 
alphabetical  order  all  certificates  so  delivered  to  him  and  shall 
receive  therefor  five  cents  for  each  certificate  up  to  three  hun- 
dred, two  cents  each  for  all  in  excess  of  three  hundred  up  to  one 
thousand,  and  one  cent  each  for  all  in  excess  of  one  thousand,  to 
be  paid  out  of  the  town  treasury  on  the  order  of  the  proper 
officer. 

Sec.  114.  List,  who  to  prepare.  On  or  before  the  twenty- 1000.  xo.  1.  §  2. 
fifth  day  of  ]\Iay  in  each  biennial  year,  if  a  petition  requesting ^'^'^"*'  ^°"  "'•  ^  '' 
the  use  of  a  check-list  has  been  filed  as  required  by  the  fourth 
preceding  section,  the  selectmen  in  each  town  and  the  proper 
officers  in  each  city  shall  prepare  a  caucus  check-list  for  such 
town  or  city  to  be  used  at  the  caucuses  held  during  such  year. 
Such  list  shall  be  prepared  as  provided  in  the  two  following- 
sections. 

Sec.   115.     Party  list.     If  a  petition  has  been  filed  as  re- 1006.  xo.  i.  §  2. 
quired  by  the  third  preceding  section,  such  list  shall  be  so  ar-  ^^*^'*'  ^°'  -•  ^  '• 
ranged  that  the  names  of  all  legal  voters  who  have  certified 
their  intention  of  acting  and  voting  with  the  republican  j)arty 
shall  be  arranged  in  alphabetical  order  on  the  left  of  such  list; 
those  certifving  their  intention  of  acting  and  voting  with  the 


114 


RE(U'LA'1"I()N    OF    CALCrsES. 


['I'lTLE    3. 


1906,  No. 
1904,  No. 


190G,  No. 
1904,  No. 


1,  §  2. 

2.  §  7. 


1904,  No. 


1904,  No.  2,  §  9. 


190G,  No. 
1904,  No. 


1.  S   3. 

2,  §  10. 


1904,   No.  2,  §  11. 


democratic  party  next  in  order  on  the  right  of  the  space  assigned 
to  the  republican  party;  those  certifying  their  intention  of  act- 
ing and  voting  with  the  prohibition  party  next  in  order  on  the 
right  of  the  space  assigned  to  the  democratic  party ;  and  next  in 
order  on  the  right  those,  if  any,  of  other  political  parties.  The 
si)aces  assigned  to  the  several  parties  on  such  list  shall  be  sep- 
arated by  perpendicular  lines  at  least  one-eighth  of  an  inch 
wide  and  shall  be  designated  by  placing  at  the  top  of  each,  in 
clear,  legible  type,  the  name  of  the  party  to  which  such  space 
is  assigned. 

Skc.  116.  Alphabetical  list.  If  no  petition  has  been  filed 
as  required  l)y  tht'  fourlli  ])r('('('(ling  section,  said  selectmen  or 
proper  officers  shall  make  an  alphabetical  list  of  all  persons 
qualified  to  vote  at  the  next  general  election.  At  the  top  of  the 
entire  list  shall  appear  the  words  "Caucus  Check-List  for  [name 
of  town  or  city]     Year ." 

Sec.  117.  Residence  of  voter  stated  ;  list  to  be  posted.  In 
all  check-lists,  against  the  name  of  each  person  appearing 
thereon,  shall  be  stated  the  street  and  number  of  his  residence, 
if  his  residence  is  so  designated.  The  selectmen  or  the  proper 
officers  in  a  city  shall  cause  copies  of  a  list  prepared  as  provided 
in  this  chapter  to  be  posted  immediately  in  at  least  four  public 
places  in  such  town  or  city,  and  a  copy  to  be  filed  in  the  town  or 
city  clerk's  office. 

Sec.  118.  Revision  of  list.  The  board  of  civil  authority  in 
each  town  shall,  on  or  before  the  twenty-seventh  day  of  IMay, 
appoint  a  time  and  place  for  revising  such  check-list;  and  notice 
thereof  shall  be  attached  to  the  copies  of  such  list  posted  and 
lodged  in  the  town  clerk's  office  as  provided  in  the  preceding 
section. 

Sec.  119.  Duration  of  hearing.  Said  ])oai'd  sliall  meet  at 
the  time  and  place  appointed  and  remain  in  session  a  reasonable 
time  and  may  adjourn  from  day  to  day,  but  such  list  shall  be 
completed  and  lodged  in  the  town  clerk's  office  on  or  before  the 
fifth  day  of  Jnne  following. 

Skc.  120.  Powers  of  board.  At  tlu'  hcni'ing  for  the  re- 
vision of  sm-ii  list,  said  board  shall  heai'  and  dctcrniine  all  ques- 
tions as  to  the  right  of  persons  to  have  their  names  inserted  in 
such  list  and  nuiy  examine  upon  oath  persons  claiming  the  right 
to  have  their  names  inserted  therein,  or  such  witnesses  as  may 
be  presented  for  examination.  In  determining  whether  a  per- 
son is  qualified  to  vote  at  a  general  election,  said  board  shall  be 
governed  by  the  law  regulating  the  right  to  vote  at  such  election  ; 
and,  if  a  party  check-list  is  used,  in  determining  to  which  party 
the  person  shall  be  assigned,  his  certificate  of  intention  shall  be 
conclusive. 

Sec.  121.  Notice  of  erasures.  Said 
the  copy  of  the  list  filed  in  the  town  eh  r 
the  voters  omitted,  and  erase  therefrom  the  naincs  of  pers(tns  iu)t 
entitled  to  vote,  having  first  given  surh  ixmnohs  notice  of  its 
intention  so  to  do,  if  they  ai-e  residents  ol"  siieli  town.  Sui'li 
notice  shall  l)e  in  writing  and  shall  slate  the  lime  anil  place  of 


h(»ai"(l    shall    iiisimM    \\\ 
's  ol'tice  tli(^  names  of 


Chap.   10.]  REGULATION    OF   CAUCUSES.  .  115 

hearing  thereon  and  shall  be  delivered  personally  by  a  member 
of  the  board,  if  such  persons  are  in  town,  and,  if  not,  shall  be 
left  at  their  last  and  usual  place  of  abode. 

Sec.  122.     List    conclusive.     Such    list    shall,    when    com-i906,  No.  i,  §  4. 
pleted,  be  the  caucus  check-list  for  the  year  in  which  it  is  pre-        ■  *   ■    - 
pared;  and  no  person  whose  name  does  not  appear  thereon  shall 
be  allowed  to  vote  at  any  caucus  specified  in  this  chapter. 

Illegal  Voting  and  Bribery. 

Sec.  123.  Illegal  voting.  No  person  shall  vote  or  attempt  i906,  xo.  i,  §  4. 
to  vote  at  a  caucus  specified  in  this  chapter  held  by  a  party  other  17!  °'  "' 
than  the  one  upon  whose  check-list  his  name  appears,  or  help, 
aid  or  incite  any  other  person  to  vote  at  any  other  caucus  than 
that  of  the  party  upon  whose  check-list  said  person's  name 
appears ;  and  no  person  shall  vote  in  more  than  one  caucus  speci- 
fied in  this  chapter,  in  any  one  year,  for  delegates  for  the  nomi- 
nation of  state  and  county  officers  and  for  representative  to  the 
general  asseml)ly. 

Sec.  124.     Bribery.     No  person  shall,  by  the  use  of  money  1904,  No.  2,  §  is. 
or  other  valuable  thing,  directly  or  indirectly,  influence  or  at- 
tempt to  influence,  control  or  alter  the  vote  of  a  person  at  a 
caucus  specified  in  this  chapter. 

Time  of  Holding  Caucuses. 

Sec.  125.     Time  limit.     No  caucus  specified  in  this  chapter  1904,  No.  2,  §  13. 
shall  be  held  prior  to  the  eighth  day  of  June. 

Sec.  126.     Caucuses  to  elect  delegates.     All  caucuses  of  a  1904,  No.  2,  §  14. 
party  to  elect  delegates  to  the  conventions  specified  in  this  chap- 
ter shall  be  held  on  the  same  day,  which  shall  be  fixed  by  the 
party  executive  or  general  committee  of  the  political  division 
for  which  the  convention  is  to  be  held. 

Ballots. 

Sec.  127.  How  prepared  and  furnished.  Ballots  used  ati904,  No.  2,  §  15. 
the  caucuses  specified  in  this  chapter  shall  be  of  uniform  size 
and  color  and  shall  be  prepared  and  furnished  by  the  town 
committee  of  the  political  party  holding  the  caucus  and  shall  be 
paid  for  by  the  town.  No  name  shall  be  printed  on  the  ballots, 
unless  written  application  therefor  is  made  to  said  committee  at 
least  twenty-four  hours  before  the  opening  of  a  caucus.  Blank 
ballots  shall  be  furnished  at  the  caucus  for  those  who  desire  to 
■write  names  to  be  voted  for  thereon. 

Clerks. 

Sec.  128.     Ballot  clerks;  appointment;  duties.     Each  to^vn  1906,  No.  1,  §  5. 
■committee   of  each  political  party  shall,   at  least  twenty-four        .-«._,  s 
hours  prior  to  the  time  appointed  for  holding  a  caucus  by  such 
party,  appoint  a  sufficient  number  of  ballot  clerks  to  have  charge 
of  the  voting  at  such  caucus  and  to  properly  transact  the  busi- 


116 


J*RlXTlX(i    OF    liAI>L()TS. 


[Title  3. 


1906,  No.  1,  §  6. 


1906,  No.  1,  §  7. 
1904,  No.  2,  §  19. 


ness  thereof;  and  a  certificate  of  such  appointment  shall  be  forth- 
with filed  in  the  town  clerk's  office. 

Sec.  129.  Town  clerk  and  assistants;  duties.  The  town 
clerk  and  assistants  who  may  be  appointed  by  him  and  who  shall 
be  paid  as  assistant  clerks  at  general  elections  shall  attend  each 
caucus  held  under  the  provisions  of  this  chapter  and  check  the 
names  of  persons  voting  therein  on  such  check-list.  Such 
check-list  so  checked  shall  be  lodged  in  the  town  clerk's  office 
and  be  open  to  public  inspection.  No  change  in  such  check-list 
or  in  the  checking  of  names  thereon  shall  be  made  by  any  person, 
except  as  provided  by  this  chapter. 

Penalty. 

Sec.  130.  For  violating  a  provision  of  this  chapter.  A 
person  who  violates  a  provision  of  this  chapter  shall  be  fined  not 
more  than  one  hundred  dollars. 


CHAPTER   11. 

BALLOTS. 

Sections  131-133.— Printing  of  ballots. 
Sections  134-141. — Form  of  ballots. 
Sections  142-146. — Disposition  of  ballots. 
Section  147. — Instmotions. 


V.  s. 

§  95. 

1892, 

No.  1,  §§  2.  3. 

1890, 

No.  9,  §§  2,  :i. 

v.  s. 

1892, 
1890, 


S   90. 
No.  1, 
No.  9, 


10. 
10. 


1902, 

No.  2, 

§  1. 

1898, 

No.  4, 

§  1. 

v.  S. 

§  97. 

1892, 

No.  1, 

.  §§  10, 

18. 

1890, 

No.  9, 

§  10. 

Printing  of  Ballots. 

Sec.  131.  Printing  and  distribution.  All  ballots  to  be  cast 
at  a  general  election  shall  be  ])rinted  and  distributed  at  the  ex- 
])ense  of  the  county  in  which  they  are  to  be  used,  under  the  di- 
rection of  the  county  clerk,  except  ballots  for  representative  to 
the  general  assembly  and  for  justices,  which  shall  be  printed  and 
distributed  at  the  expense  of  the  town  in  which  they  are  to  be 
used,  under  the  direction  of  the  town  clerk.  All  ballots  to  be 
cast  at  local  elections  shall  be  printed  and  distributed  at  the 
expense  of  the  town  or  village  in  wliidi  they  are  to  be  used, 
under  the  direction  of  such  town  or  village  clerk. 

Sec.  132.  Printed  when.  The  ballots  provided  by  county 
clerks  shall  be  printed  and  ready  for  inspection  by  the  candi- 
dates and  their  agents  at  least  eight  days  before  a  general  elec- 
tion ;  those  provided  by  town  and  village  clerks,  at  least  five  days 
before  the  election  at  which  they  are  to  be  used ;  and  in  each  case 
before  the  same  are  sent  in  scaled  packages,  as  hereinafter  pro- 
vided. 

Sec.  133.  Color;  general  requisites.  Said  clerks  shall 
cause  such  ballots  to  l)e  printed  on  white  paper,  except  the  bal- 
lots used  for  voting  for  justices,  which  shall  be  printed  on  red 
paper;  and  the  ballots  shall  contain  the  nanu^s  of  all  persons 
whose  certificates  of  nomination  have  Ixcn  lilcd  ^vith  them  or 
whose  nominations  have  been  certificnl  to  Ihem.  They  shall  place 
after  the  name  of  each  candidate,  on  the  same  line,  his  residence 


Chap.  11.]  FORM    OF    BALLOTS.  117 

and  the  name  of  the  party  or  otlier  political  organization  to  which 
he  ])elongs. 

Form  of  Ballots. 

Sec.   134.     Generally.     Nominations   for  state,   district   and  R-  looe,  §  121. 
county  officers,  except  justices,  shall  be  placed  on  the  same  ballot.  1894',  xo.  i62,  §  00. 
Nominations  for  electors,  representative  to  the  general  assembly 
and  justices  shall  be  placed  on  a  separate  ballot  in  the  case  of 
each  office.     Nominations  for  all  the  officers  to  be  voted  for  at  a 
local  election  shall  be  placed  on  the  same  ballot. 

Sec.  135.  Candidates  may  select  party.  A  person  nomi- 1904,  No.  3,  §  1. 
nated  for  the  same  office  by  more  than  one  political  party,  either 
by  convention  or  by  certificate  of  nomination,  or  by  certificate 
of  nomination  signed  by  persons  not  representing  a  political 
party,  may,  at  least  fifteen  days  l)efore  election  in  the  case  of 
state,  district  and  county  nominations,  and  at  least  ten  days  in 
case  of  town  nominations,  elect  as  to  which  party  ticket  or  tickets 
his  name  shall  be  printed  on  as  a  candidate ;  and  he  shall  notify 
the  secretary  of  state  or  the  county  or  town  clerk,  as  the  case 
may  be,  in  writing,  of  such  choice ;  and  his  name  shall  be  printed 
only  on  the  party  ticket  or  tickets  which  he  so  elects. 

Sec.  136.     Party  columns.     L^pon  all  ballots  to  be  cast  at  a  iqog.  no.  3,  §  1. 
general  election,  the  nominations  of  each  political  party  shall  be  v.  s.'  l%9.' 
arranged  in  a  separate  column  under  the  head  of  the  party -"^^ig;  ^°'  •*•'  ^^  ^^' 
designation.     The  first  column   on  the  left  side  of  the  ballot  ^^^'^'  ^'°-  ^'  §  ^^^ 
shall  contain  the  names  of  the  nominees  of  the  republican  party ; 
the  second  column,  those  of  the  democratic  party ;  the  third 
column,  those  of  the  prohil)ition  party;  and  the  order  of  such 
other  nominations  as  shall  be  made  shall  be  determined  by  the 
clerk  whose  duty  it  is  to  prepare  the  ballots,  in  such  manner  as 
most   clearly  to   distinguish  the  nominations  from   each   other. 
Upon  ballots  for  electors,  the  names  of  the  candidates  for  presi- 
dent and  vice-president  may  be  added  to  the  party  or  political 
designation.     Each  party  ticket  shall  be  separated  from  other 
party  tickets  and  bordered  on  either  side  by  black  parallel  lines 
at  least  one-eighth  of  an  inch  in  width.     Over  each  column  and 
under  the  party  designation,  except  on  ballots  for  representative 
to  the  general  assembly,  shall  be  placed  a  blank  square  measuring 
not  less  than  one-half  an  inch  on  each- side. 

Sec.  137.  Local  elections.  TJpon  all  ballots  to  be  cast  at  1906,  No.  3,  §  2. 
local  elections  under  the  provisions  of  number  one  of  the  acts 
of  eighteen  hundred  and  ninety-two.  the  names  of  candidates 
shall  be  arranged  under  the  designation  of  the  respective  offices 
in  alphabetical  order  according  to  the  surnames;  but  names  of 
candidates  for  the  same  office,  but  for  different  terms  of  service 
therein,  shall  be  arranged  in  groups  according  to  the  length  of 
their  respective  terms. 

Sec.   138.     Constitutional  amendments.     AYhen  the  question  v.  s.  §  lOO. 
of  approving  a  constitutional  amendment  or  other  question  is  to     jg!  -  °-     '  ^' 
be  submitted  to  the  people,  it  shall  be  printed  upon  the  ballots  ^^^^'  ^'°-  ^'  ^  '^^• 
below  the  lists  of  candidates ;  and  the  secretary  of  state  shall,  not 
less  than  twenty-five  days  before  a  general  election,  duly  certify 


118 


Disi'osrrioN  of  uaij.ots. 


[TlTLH 


V.  s. 

§  101. 

1892, 

No.  1, 

§  18. 

1890, 

No.  9, 

§  18. 

to  each  county  clerk  the  question  to  be  submitted,  in  order  that 
the  same  may  be  properly  printed  thereon. 

Sec.  139.  Blank  spaces  for  marking.  There  shall  be  left 
upon  the  ballots  underneath  the  name  of  each  candidate  or  group 
of  candidates  a  blank  space  in  which  a  voter  may  insert  the  name 
of  any  person  for  whom  he  desires  to  vote,  other  than  the  candi- 
dates regularly  nominated.  The  ballots  shall  be  so  printed  as 
to  give  each  voter  a  clear  opportunity  to  designate  by  a  cross 
(X)  in  a  sufficient  margin  at  the  right  of  the  name  of  each  can- 
didate, his  choice  of  candidates  and  his  answer  to  the  question 
submitted;  and  on  the  ballot  may  be  printed  such  w'ords  as  will 
aid  the  voter  to  do  this,  as  "vote  for  one,"  "vote  for  three," 


1900.  N 

V.  s.  § 

1892,  N 
1890,  N 


0.  3,  §  1. 
102. 

0.  1,  §  18. 

0.  9,  §  18. 


V.  S.  § 
1892,  N( 


103. 

).  1,  §  12. 


Sec.  140.  Indorsements.  T^pon  each  ballot  shall  be  in- 
dorsed the  words  "oHicial  ballot,"  followed  by  the  name  of  the 
town,  ward  or  village  in  which  it  is  to  be  used,  the  date  of  the 
election  and  a  fac-simile  of  the  signature  of  the  clerk  causing 
the  same  to  be  printed,  with  his  official  title. 

Sec.  141.  Death  or  withdrawal.  AYlien  a  candidate  dies  or 
withdraws  and  the  vacancy  is  filled  as  hereinbefore  provided,  if 
the  ballots  have  not  been  printed,  the  name  supplied  for  the 
vacancy  shall  be  inserted  instead  of  the  original  nomination.  If 
they  have  been  printed,  other  ballots  containing  the  new  nomi- 
nation instead  of  the  original  shall,  when  practicable,  be  printed. 
When  there  is  not  sufficient  time  to  print  new  ballots,  the  name 
so  supplied  may  be  pasted  on  those  already  furnished  by  the 
officer  who  procured  the  printing  of  the  same. 


v.  s. 

1892, 
1890, 


§  104. 
No.  1, 
No.  9, 


§  17. 
§  17. 


V.  s. 
1892, 
1890, 

8  105. 
No.  1. 
No.  9, 

5  19. 
§  19. 

1898, 
V.  S. 
1892, 
22. 
1890, 

No.  3, 
§  106. 
No.  1, 

No.  0, 

§  1. 

,  §§  20, 
§  20. 

V.  s. 
1892, 
1890. 


8  107. 
No.  1, 
No.  9, 


5  2i 


Disposition  of  Ballots. 

Sec.  142.  Sample  ballots.  At  least  five  sample  ballots  for 
each  polling  place,  printed  on  tinted  paper,  but  in  all  other 
respects  the  same  as  official  ballots,  shall  be  provided  by  the 
clerks  whose  duty  it  is  to  prepare  the  official  ballots  and  be  de- 
livered to  the  same  officers  to  whom  cards  of  instruction  are 
required  to  be  furnished. 

Sec.  143.  Blocks.  All  ballots,  except  sample  ballots,  shall, 
when  ])rinted,  be  fastened  together  in  blocks  of  one  hundred 
each  and  in  such  manner  that  each  ballot  may  be  detached. 

Sec.  144.  Number.  One  hundred  ballots  for  state  and 
county  officers,  representative  to  congress  and  electors  shall  be 
printed  and  furnished  to  each  polling  place,  for  every  fifty  voters 
or  fraction  thereof  who  voted  at  such  polling  place  at  the 
last  election  for  governor;  for  other  officers,  there  shall  be 
printed  and  furnished  three  times  that  number,  and  in  cities  of 
more  than  ten  thousand  inhabitants,  six  thousand  extra  ballots. 

Sec.  145.  Sending  to  polling  places.  Tlu^  several  clerks 
shall  transmit  the  ballots  prepared  by  tlu'in  to  the  olfic(M-s  wliose 
duty  it  is  to  preside  at  each  polling  ])hu'e,  so  that  the.N-  will  be 
received  by  such  presiding  officers  at  least  forty-eight  hours  be- 
fore the  hour  for  opening  the  |)olls.  Such  ballots  shall  lie  sent 
in  sealed  jjackages  by   mail  or  in  .some  other  safe  manner,   with 


VuAW  12.]  WAUNIXC;    ELECTIONS.  119 

marks  on  tlie  outside  clearly  designating  the  polling  place  for     - 
which  they  are  intended  and  the  number  of  ballots  enclosed. 
Presiding  officers  shall,  on  delivery  to  them  of  such  packages, 
return  receipts  therefor  to  the  clerk  from  whom  the  same  were 
received. 

Sec.   146.     Supplying  deficiencies.     If  the  balhjts  to  be  fur- v.  s.  §  los. 
nished  to  a   [)()lling  place  are  not  duly  delivered,  or  if,  af ter ''^^si;  ^°'  ^'  ^^  ^^' 
delivery,  they  are  destroyed  or  stolen,  or  if  the  number  proves  ■^^^^'  ^°-  ^'  ^  ^^• 
insufficient,  the  presiding  ot^cer  shall  cause  other  ballots  to  be 
prepared  substantially  in  the  form  of  those  so  wanting;  and  npon 
delivery  of  such  ballots  at  the  polling  place  by  him,  accompanied 
by  his  statement  under  oath,  which  shall  be  recorded  by  the  town 
or  village  clerk,  that  the  same  have  been  so  prepared  and  fur- 
nished by  him,  and  that  he  failed  to  receive  the  original  ballots, 
or  that  the  same  have  been  destroyed  or  stolen,  or  that  the  num- 
ber has  proved  insufficient,  the  ballot  clerks  shall  cause  such 
substituted  ballots  to  be  used  in  place  of  those  wanting. 

Instructions. 

Sec.  147.  Clerks  to  prepare.  The  several  clerks  whose  isor.,  No.  .•^.  §  i. 
duty  it  is  to  prepare  the  official  ballots  shall  prepare  full  instruc-  isol',  i'o^^?,'  s  21. 
tions  for  the  guidance  of  voters  in  regard  to  obtaining  ballots,  ^^^^'  ^^-  ^'  ^  -^• 
the  manner  of  marking  them,  the  method  of  obtaining  assistance 
in  marking  such  ballots,  and  as  to  obtaining  new  ballots  in  place 
of  those  accidentally  spoiled ;  and  they  shall  cause  such  instruc- 
tions, together  with  such  sections  as  provide  penalties  for  of- 
fenses against  the  purity  of  elections,  to  be  printed  in  large  clear 
type,  on  separate  cards,  to  be  called  cards  of  instruction. 
They  shall,  at  least  five  days  before  the  date  of  such  election, 
furnish  to  the  officer  whose  duty  it  is  to  preside  at  each  polling 
place,  at  least  five  such  cards  and  the  sample  ballots  provided  for 
in  this  chapter.  Such  officer  shall  forthwith  post  one  of  such 
cards  of  instruction  and  one  sample  ballot  in  plain  view  in  the 
room  where  the  ballots  are  to  be  cast  and  at  least  one  of  such 
cards  and  one  sample  ballot  in  each  post-office  in  his  town  and 
one  or  more  of  such  cards  and  sample  ballots  in  and  about  the 
polling  place. 

CHAPTER   12. 

WARNING  AND  CONDUCTING  ELECTIONS. 

Sections  148-150. — Warning  elections. 
Sections  151-154. — Preparation  of  polling  places. 
Sections  155-165. — Additional  polling  places. 
Sections  166-174. — Election  officers. 
Sections  175-181. — Process  of  voting. 
Section  182. — Excei)ti<>iis. 

Warning  Elections. 

Sec.   148.     Record.     Warnings  under  the  provisions  of  this  v.  s.  §  110. 
title  shall  be  recorded  by  the  town  clerk  before  being  posted,  ^f^'y^  ^5°i/^^'  ^  ^- 


120  PJIEl'AKA  rioN    OF    l'()l.Ll.\(;    I'LACES.  [Title  3. 


state  Offlcers,  Sec.   149.     General  elections.     The  constable  or,  in  his  ab- 

]89^>'  No^^-'"'  s  1  senee,  the  town  clerk  or.  in  his  absence,  a  selectman,  shall,  in  each 
v'  s'  1^  7  8  '''^'  town,  not  less  than  twelve nior  more  than  twenty  days  before  the 
R.  s.'  1,'  §  fi[  clay  of  a  general  election  other  than  that  for  the  election  of 

R.  1797,  p.  5'4(';,  §'  2.  clcctors,  and,  in  the  latter  ease,  not  less  than  six  nor  more  than 
K.^l787,^t'  49,'  §  1.  fiftt'en  days  before  the  day  of  holding  snch  election,  post  a  notice 
Representatives  to  in  writing  in  three  public  places  in  the  town,  warning  the  free- 
congress.    ^^  ^^^^^  ^^^  ^1^^  town  to  meet  on  the  dav  of  such  election,  at  the  usual 

1849,  xo.  19.  place  of  holding  general  elections,  to  elect  officers  to  be  chosen 

1842,   No.   4,   §   2.  DO  1 

R.  s.  1,  §  31.  on  that  day;  and  such  election  shall  be  called  at  ten  o'clock  in 

1822;  p.*''23. '  the  forenoon  in  towns  whose  population  does  not  exceed  two 

181^' p' 13*^'  thousand  and  nine  o'clock  in  the  forenoon  in  towns  of  larger 

}?%  ^:  §f  population. 

1794,  p.  41.  Presidential  Electors 

1-oT'   ?■    ^^'  o-                           '■■  !^-  1-  §  ^<^-              ^^^^-  >'"■   l-l-  §  1-      1824,  p.   4.   §   1. 

l.Jl,     Jan.,     p.     _...  js;,;,)      >;,^      i;,  jj      v<      j       j;     -,■_.  -[Idl,       p.       37. 

V.  s.  §  112.      ^^  Sec.   150.     Local  elections.     Annual  or  special  town  or  vil- 

1884,'  No!  «7.  ""'  lage  meetings  held  for  the  purpose  of  electing  officers  in  towns 
or  villages  of  more  than  four  thousand  inhabitants  shall  be 
warned  to  meet  at  nine  o'clock  in  the  forenoon,  and  the  polls 
shall  be  opened  at  that  hour  for  the  election  of  the  officers  to  be 
chosen  at  such  meeting. 

Preparation  of  Polling  Places. 

1904,  No.  0.  §  1.  Sec.   151.     Sets   of   ballot  boxes.     The   board   of  civil   au- 

R.  L.  I  78.'  thority  may  direct  the  opening  of  sets  of  ballot  boxes,  not  more 

18G7!  No.'  24. '§^2."'  than  five  in  a  town,  or  in  a  city  not  more  than  the  number  of 
wards  in  such  city,  in  the  room  where  an  election  is  held  and 
divide  the  check-list  into  the  same  number  of  parts ;  and  no  per- 
son shall  vote  except  at  the  place  provided  for  that  portion  of 
the  list  which  contains  his  name.  When  additional  sets  of  l)allot 
boxes  are  so  opened,  each  set  of  boxes  shall  be  considered  a 
separate  polling  place  so  far  as  relates  to  the  providing  of  voting 
booths  and  giiard  rails  and  the  appointment  of  l)allot  clerks,  and 
receiving,  marking  and  depositing  of  l)allots. 
V.  s.  §  ii:!.  Sec.   152.     Location  and  equipment.     At  least  Hve  days  be- 

1892,'  No. 'i,  §§' 24,  fore  a  general  or  local  election,  the  board  of  civil  authority  in 
1890.  No.  9,  §  24.  each  town,  the  officer  whose  duty  it  is  to  sign  the  warning  in  each 
city  and  the  trustees  in  each  village,  shall  determine  the  number 
and  situation  of  the  polling  places  provided  for  in  the  preceding 
section  in  such  town,  city  or  village;  and  the  first  constable  in 
towns  (I1-,  when  he  is  absent  or  incapacitated,  the  cliaii'man  of  the 
board  of  selectmen,  antl  the  aforesaid  officers  in  cities  and  vil- 
lages, shall  cause  the  sanu^  to  be  i)rovided  with  a  sufficient  num- 
ber of  voting  booths  in  whicli  voters  may  conveniently  mark 
their  ballots  and  in  the  marking  thereof  be  screeniHl  I'roni  the 
observation  of  others;  and  such  booths  shall  be  provided  w  illi  the 
])roper  conveniences  for  marking  ballots. 
1900,  No.  3,  §  1.  Sec.   153.     Booths  and  guard  rails.     W  each  polling  ])lai'e. 

1892',  lio.^t',  §  2.-..     there  shall  be  at  least  one  voting  booth  ;  ninl.  when  there  are  more 
is9o',  No.  9!  §  2.-.      |],.,„  fy[^^y  v,,t,.i.s  (nialilied   to  vote  at  sueli    polling  i)laee,   there 
shall   be   an    additional    voting   booth    for   each    additional    lifty 


Chap.  12.]  ADDITIONAL    POLJJNC;    PLACES.  121 

voters  or  fraction  thereof  exceeding  twenty-five  and  one  addi- 
tional booth  for  every  five  hundred  voters  or  fraction  tliereof. 
Each  booth  shall  be  at  least  three  feet  square  and  contain  a  shelf 
at  least  one  foot  wide,  extending  across  one  side  of  such  booth 
at  a  convenient  height  for  writing.  A  guard  rail  shall  I)e  so 
constructed  and  placed  that  only  such  persons  as  are  inside  such 
rail  can  approach  Avithin  six  feet  of  the  ballot  boxes  and  voting 
booths.  Neither  the  ballot  boxes  nor  the  voting  booths  shall  be 
hidden  from  those  outside  the  guard  rail. 

Sec.   154.     Ballot  boxes.     The  officers  whose  <luty   it   is  to  looi',  xo.  2.  §  2. 
provide  voting  bootlis  shall  also  furni.sh  suitable  ballot  boxes  for  i,so':j|  no.  1,'  §  25. 
such  polling  places  at  the  expense  of  the  town  or  village  for  ]^^j'  §''74^^'  ^  "' 
which  the  same  are  furnished.     There  shall  be  at  least  one  '^ox  ^'j^.j^-  i-  §  "• 
for  votes   for   state   and   ccmnty   officers   and   representative   to  k-  ij-  i.  i  I- 
congress,  one  box  for  votes  for  representative  to  the  general     -j'.'    '    ''  ' 
assembly,  one, box  for  votes  for  justices,  and  one  box  for  votes  '•!'•'•  p-  •'•*•  § 
for  electors.     There  shall  also  be  provided  a  sufficient  number 
of  boxes  for  use  at  local  elections.     The  ballot  boxes  shall  be 
properly  designated,  and  the  box  provided  to  receive  votes  for 
justices  of  the  peace  shall  be  painted  red  and  the  words  "Jus- 
tices of  the  Peace"  plainly  painted  thereon,  and  the  box  pro- 
vided to  receive  votes  for  representative  to  the  general  assem- 
bly shall  be  painted  white   and  the  words   "Town  Represen- 
tative" plainly  painted  thereon.     When  not  in  u.se,  such  boxes 
shall  be  in  the  custody  of  the  clerk  of  the  town  or  village  for 
whicli  the  same  ai'e  provided. 

Additional  Polling  Places. 


Sec.  155.  Selectmen  may  determine.  The  selectmen  in  an.  i906,  §  141. 
town  having  two  or  more  villages,  incorporated  or  otherwise,  1904^  xo!  5,'  §  1! 
each  containing  fifty  or  more  legal  voters  at  a  general  election, 
may,  in  their  discretion,  or,  on  the  petition  of  ten  or  more  legal 
voters  in  such  town,  shall,  at  least  forty  days  before  a  general 
election,  determine  the  number  of  polling  places  in  such  town, 
not  to  exceed  the  number  of  such  villages  and  to  be  located 
therein.  Existing  polling  places  shall  be  known  as  central  poll- 
ing places,  and  those  herein  provided  for  shall  be  known  as  addi- 
tional polling  places. 

Sec.  156.  Subdivision  of  check-list.  In  a  town  having  ad- 1904.  Xo.  5,  §  2. 
ditional  polling  places,  the  selectmen  shall,  in  making  the  check- 
list for  general  elections,  subdivide  such  list  and  make  an  alpha- 
betical list  for  each  polling  place  and  shall  put  each  voter  on  such 
subdivision  of  the  check-list  for  the  polling  place  where  he  can 
most  conveniently  vote. 

Sec.  157.     Equipment.     The  board  of  civil  authority  shall,  r.  looq,  §143. 
in  a  town  entitled  to  additional  polling  places,  establish  the  same        .  ^  o-  o.  sS   . 
in  suitable  rooms  in  the  villages  of  such  tovm.     The  officer  whose 
duty  it  is  to  equip  the  central  polling  place  with  voting  booths, 
ballot  boxes  and  guard  rails  shall,  in  like  manner,  equip  the 
additional  polling  places  in  such  town. 

Sec.  158.     Check-list;  ballots.     The  town  clerk  of  a  town  r.  looc.  §  144. 


122 

1904,  No.  5,  §  4. 


AI)I)ITI()NAI>    P()LLL\(;    I'LACES. 


[TlTLK    :J. 


1004,  i\o.  5,  §  5. 


1004,  No.  5,  §  G. 


1004,  No.  5,  §  7. 


1004,  No.  5,  §  8. 


having  additional  i)olling  places  shall  fnrnish  such  plaee.s  with 
the  proper  subdivision  of  the  cheek-list  provided  for  in  the 
second  preceding  section.  The  presiding  officer  of  the  central 
polling  place  shall  distribute  the  ballots  received  by  him  for  such 
town  to  be  used  at  each  general  election,  to  the  presiding  ot^cer 
of  each  additional  polling  place  in  the  proportion  required  by 
the  number  of  voters  on  its  subdivision  of  the  check-list. 

Sec.  159.  Posting  list.  The  proper  subdivision  of  the 
check-list  shall,  at  least  thirty  days  prior  to  a  general  election,  be 
posted  in  a  public  place  in  the  village  where  the  polling  place  is 
established;  and  a  copy  thereof  shall  be  lodged  with  the  town 
clerk.  When  such  check-list  is  completed,  it  shall  be  filed  in  the 
town  clerk's  office  and  two  certified  copies  thereof  delivered  to 
the  election  officers  of  such  polling  place.  Such  check-list  shall, 
in  all  other  respects,  conform  to  the  provisions  of  law  relating 
to  the  check-list  of  voters.  A  person  whose  name  is  not  on  a 
check-list  shall  not  be  allowed  to  vote  at  a  general  election. 

Sec.  160.  Clerks  and  inspectors.  AVlien  the  board  of  civil 
authority  in  a  town  appoints  the  ballot  and  assisting  clerks,  it 
shall  appoint  in  like  manner  ballot  and  assisting  clerks  for  the 
additional  polling  places.  It  shall  also  appoint  three  inspectors 
of  election  for  each  additional  polling  place,  two  of  such  inspec- 
tors to  be  taken  from  the  party  casting  the  largest  number  of 
votes  at  the  last  general  election  and  the  other  from  the  party 
casting  the  next  largest  number  of  votes  at  such  election.  One  of 
said  inspectors  shall  be  the  presiding  officer  and  one  the  assistant 
clerk  for  such  polling  place.  The  officers  so  appointed  shall  be 
sworn  before  entering  upon  the  duties  of  their  appointment.  It 
shall  be  the  duty  of  the  assistant  clerk  at  each  additi'uial  polling 
place  to  record  the  votes  cast  for  representative  to  the  general 
assembly  at  such  polling  place  and  return  the  same,  certified  by 
him,  to  the  town  clerk,  who  shall  record  the  same  as  a  part  of 
the  record  of  such  election.  A  certified  copy  of  such  record  shall 
be  evidence  in  court. 

Sec.  161.  Voting.  The  voting  at  each  additional  polling 
place  shall  be  conducted  as  the  voting  at  the  central  i)()lling 
place. 

Sec.  162.  Counting  and  returning  votes  for  representa- 
tive. The  votes  given  for  representative  to  the  g(Mieral  as- 
sembly at  an  additional  polling  place  shall  be  counted  by  its 
inspectors  of  election  at  the  same  time  and  in  the  same  inniin(>r 
as  the  votes  given  for  representative  to  the  general  assembly  are 
counted  at  the  central  ]X)lling  ])lace ;  and  the  number  of  votes 
cast  at  each  additional  polling  place  shall  thereupon  be  com- 
municated by  its  assistant  clerk,  either  in  person  or  b\-  telegraph 
or  telephone,  to  the  presiding  officer  at  the  central  polling  place. 
The  canvassing  board  at  the  central  polling  ])lace  shall  aseerlnin 
the  iiiiiiiber  of  vot(>s  so  reported  in  eoiitieet  inn  with  the  votes  cast 
at  the  central  polling  ])lac(\  and  snid  presiding  ot'licer  shall 
declare  the  result  according  to  Hie  whoh'  nniuber  of  votes  so 
counted  and  make  other  required  stalenicnls.  In  like  manner, 
subsequent  ballotings  for  representative  to  the  general  assemi)ly 


Chap.  12.]  ELECTION    OFFICERS.  123 

shall  be  conducted  at  an  additional  polling  place  and  reported 
therefrom. 

Sec.  163.  Boxes  sealed,  etc.  At  the  time  when  the  boxes  i904,  xo.  5,  §  9. 
containing  votes  for  state  and  county  officers  and  representative 
to  congress  are  required  to  be  closed  and  turned  at  the  central 
polling  place  in  a  town,  the  boxes  containing  like  votes  at  each 
additional  polling  place  shall  be  closed,  sealed  securely  by  the 
presiding  officer  and  conveyed  forthwith  by  the  assistant  clerk 
to  the  presiding  officer  of  the  central  polling  place,  who  shall 
deliver  the  same  to  the  canvassing  board  of  such  central  polling 
place.  Said  board  shall  count  the  votes  found  in  such  boxes  in 
connection  with  the  votes  found  in  like  boxes  at  the  central 
polling  place  and  make  returns  of  the  whole  number  so  counted. 

Sec.  164.  Ballots  preserved.  The  votes  cast  at  each  bal-i904,  xb.  5,  §  lo. 
loting  for  town  representative  at  an  additional  polling  place 
shall  be  preserved,  securely  sealed  up  by  the  presiding  officer 
and  conveyed  by  the  assistant  clerk  to  the  presiding  officer  of 
the  central  polling  place  to  be  delivered  by  him  to  the  town 
clerk,  who  shall  keep  the  same  according  to  law. 

Sec.   165.     General  laws  apply.     The  provisions  of  law  re- 1904,  xo.  5,  §  11. 
lating  to  a  general  election  at  a  central  polling  place  shall,  if  no 
other  provision  is  made,  apply  to  such  an  election  at  an  addi- 
tional polling  place. 

Election  Officers. 

Sec.  166.     Generally.     At  elections  in  towns,  the  election  of-  r.  i9og,  §  152. 
ficers  shall  consist  of  the  presiding  officer,  the  board  of  civil  I900',  xo.  3,  |  f. 
authority,  the  assistant,  ballot  and  assisting  clerks  and,  as  pro- i'gf)|-  |jo^i    r.;  04 
vided.  inspectors  of  election.     At  elections  in  cities  and  villages,  ^^^-  „    9   §  33 
the   election  officers   shall  consist   of  the   officers   who   by   law 
conduct  elections  therein,  together  with  the  ballot  and  assisting 
clerks.     No  person,  other  than  the  election  officers  and  voters 
admitted  as  hereinafter  provided,  shall  be  permitted  within  the 
guard  rail,  except  by  authority  of  the  election  officers  for  the 
purpose  of  keeping  order  and  enforcing  the  law. 

Sec.   167.     Presiding  officer.     The  presiding  officer  at  gen- v.  s.  §  lis. 

eral  elections  in  towns  shall  I)e  the  first  constable  or,  in  his  ab- Jlfo'  jjo  ^'^^  ^' 

sence  or  disqualification,  one  of  the  selectmen  or,  in  their  absence  J^-  I'-  |  l\ 
.  .       .  tj.  f<.  1,  §  9. 

or  disqualification,  a  justice.     A  constable,  selectman  or  justice  ^-  ^-  i;  §  9^ 
shall  be  disqualified  from  presiding  if  he  is  knowingly  a  candi-  u.  if9*7,  p.  547, 1  3. 
date  for  representative  to  the  general  assembly,  or  for  senator,  r'.  its?',  pp.  49,  50, 
assistant  judge  of  the  county  court,  judge  of  probate,  sherifif  or     ^^  ^'  ~" 
state's  attorney.    At  local  elections  in  towns,  the  moderator  shall 
perforin  the   duties   imposed  by  this   title  upon   the   presiding 
officer.     At  elections  in  cities  and  villages,  the  presiding  officer 
at  each  polling  place  shall  be  the  official  charged  with  that  duty 
by  the  laws  relating  to  such  cities  and  villages. 

Sec.   168.     Ballot  clerks.     At  least  five  days  before  an  elec- 1900,  xo.  4,  §  1. 
tion,  the  board  of  civil  authority  in  each  toAvn  and  the  trustees  i,s94',  xo.  2,"  §  1. 
in  each  village  shall  appoint  four  ballot  clerks  for  each  polling  1395;  >^-o;  9'  |  zf 
place  within  their  jurisdiction  and  shall  fill  any  vacancy  that 
occurs  before  the  close  of  such  election.     Two  of  such  clerks  shall 


124 


ELKCnoX    OFFICERS. 


[Title  3. 


1900,  No.  3,  §  1. 


R.  1006.  §  luG. 

1902,  No.  3,  §  1. 

V.  S.  §  120. 

1S04.  No.  2.  §  1. 

1802.  No.  1,  §§ 

24, 

26. 

ISOO.  No.  9.  §§ 

24, 

26. 

V.  S.  S  121. 
1.S04,  No.  2,  §  1. 
1892,  No.  1.  §  21 
1886,  No.  90,  §  ." 
K.  L.  §  69. 
1S6G.  No.  1."),  §  -i 


V.  s. 

§  122. 

1882 

,  No.  114,  §  1. 

R.  L. 

§  79. 

]  868, 

No.  42,  §  3. 

1867. 

No.  24.  8  .'!. 

V.  S.  §  123. 
1884,  No.  59,  § 


be  appointed  from  the  party  easting  the  largest  number  of  votes 
and  two  from  the  party  casting  the  next  largest  numl)er  of  votes 
at  the  last  general  election*  No  candidate  for  any  oi^ice  to 
be  voted  for  at  a  general  election  whose  name  is  upon  the 
state  or  county  ticket  or  who  is  a  candidate  for  representative 
to  the  general  assembly  shall  be  appointed  a  ballot  clerk  or  per- 
mitted to  go  inside  the  guard  rail  during  the  voting,  except  for 
the  purpose  of  voting. 

Sec.  169.  Assisting  clerks.  'I'hc  officers  in  each  town  or 
village  whose  duty  it  is  to  appoint  the  ballot  clerks  shall,  previous 
to  the  day  of  an  election,  appoint  two  persons  for  each  voting 
booth,  to  be  called  assisting  clerks,  whose  duty  it  shall  be  to  re- 
main in  their  respective  booths  during  the  time  for  voting  and 
assist  in  the  marking  of  ballots,  but  shall  offer  no  assistance  un- 
less called  upon  by  the  voter.  One  person  for  each  booth  shall 
be  appointed  from  the  party  casting  the  largest  number  of  votes 
and  one  person  from  the  party  casting  the  next  largest  number 
of  votes  at  the  last  general  election. 

Sec.  170.  Compensation.  The  compensation  of  the  as- 
sistant, l)all<)t  and  assisting  clerks  in  each  town  shall  be  fixed  by 
the  ])oard  of  selectmen. 

Sec.  171.  Duties  of  ballot  clerks.  The  ballot  clerks  shall 
have  charge  of  the  ])allots  at  an  election  and  furnish  them  to 
the  voters  as  hereinafter  provided  and,  with  the  board  of  civil 
authority,  shall  canvass  and  count  the  votes  cast  at  such  election. 
At  each  polling  place,  a  certified  copy  of  the  check-list  shall  be 
furnished  to  one  of  the  ballot  clerks  designated  by  the  board  of 
civil  authority.  The  ballot  clerks  shall  ])e  under  the  super- 
vision of  the  presiding  officer,  keep  the  ballots  within  the  polling 
place  and  in  plain  view  of  the  public  and  deliver  them  only  to 
qualified  voters. 

Sec.  172.  Checking  names.  The  town  clerk  or  his  assist- 
ant or,  in  their  abscncn^,  one  of  the  selectmen,  shall  check  the 
names  of  persons  voting  on  such  check-list,  or  a  certified  copy 
thereof,  by  making  a  mark  opposite  each  name  for  each  vote  cast 
so  as  to  indicate  the  officers  voted  for;  and.  in  towns  having  over 
fifteen  hundred  names  on  such  list,  the  town  clerk  may  appoint 
a  sufficient  number  of  assistant  clerks  to  assist  in  performing 
the  above  duty.  At  village  elections,  the  village  clerk  or.  in  his 
absence,  one  of  the  trustees,  shall  check  the  names  of  persons 
voting  on  the  cheek-list  in  the  same  mnnner  as  in  towns. 

Sec.  173.  Officers  for  extra  sets  of  boxes.  AVlicn  addi- 
tional sets  of  l)allot  boxes  are  opened  under  the  provisions  of 
section  one  hundred  and  fifty-one.  the  proper  presiding  officer 
shall  hnve  the  general  din>etion  of  the  election,  notify  the  voters 
at  which  place  each  subdivision  of  the  check-list  shall  vote  and 
receive  the  votes  at  one  of  such  places.  At  each  other  place  of 
voting,  the  votes  shall  be  received  by  one  of  the  board  of  civil 
authority  named  by  the  board;  and  the  names  of  persons  voting 
shall  be  cheeked  by  an  assistant  clerk. 

Sec.  174.  Town  clerk  disqualified.  At  general  elections, 
when  the  town  clerk  is  a  candidate  for  representative  to  the  gen- 


Chap.  12.]  PKOCESS    OF    VOTING.  125 

eral  assembly,  all  the  duties  imposed  upon  him  or  his  assistant 
by  the  two  preceding  sections  shall  be  performed  by  one  of  the 
selectmen  or,  in  their  absence,  by  a  justice. 

Process  of  Voting. 

Sec.   175.     Ballots  produced.     On  the  opening  of  the  polls  v.  s.  §  124. 
at  each  polling  place,  the  presiding  officer  shall  produce  the  isbo^  No!  I',  §  23! 
sealed  package  of  official  ballots  and  publicly  open  it  and  deliver 
one  block  of  ballots  to  the  ballot  clerks.     The  other  blocks  of 
ballots,  if  any,  shall  be  retained  by  the  presiding  officer,  until 
they  are  needed  for  the  puri)ose  of  voting. 

Sec.  176.  Voter  admitted  behind  rail.  A  qualified  voter  v.  s.  §  125. 
desiring  to  vote  shall,  before  receiving  his  ballot,  announce  his  isoo^  No!  9,  §  20! 
name  and  place  of  residence  in  a  clear  and  audible  tone  of  voice 
to  the  ballot  clerk  or  present  the  same  in  writing;  and,  if  such 
name  is  found  upon  the  certified  copy  of  the  check-list  by  the 
ballot  clerk  having  charge  thereof,  he  shall  repeat  the  name, 
and  the  voter  shall  be  allowed  to  enter  the  space  enclosed  by  the 
guard  rail,  and  the  ballot  clerk  shall  give  him  one  ballot  of  a 
kind,  and  his  name  shall  be  checked  at  once  on  such  list. 

Sec.  177.  Marking.  On  receiving  his  ballot  or  ballots,  the  v.  s.  §  126. 
voter  shall  forthwith,  and  without  leaving  the  polling  place  or  ]Iq7)[  xo!  9;  |  27! 
going  outside  the  guard  rail,  retire  alone  to  one  of  the  booths 
not  occupied  by  any  other  person  and  prepare  his  ballot  or  bal- 
lots by  making  in  the  appropriate  margin  or  place,  a  cross  (X) 
opposite  the  name  of  the  candidate  of  his  choice  for  each  office 
to  be  filled,  or  by  filling  in  the  name  of  the  candidate  of  his 
choice  in  the  blank  space  provided  therefor,  and  making  a  cross 
(X)  opposite  thereto;  or,  if  he  desires  to  vote  for  the  entire  list 
of  candidates  in  any  column,  by  making  a  cross  (X)  in  the 
square  over  such  column ;  and,  if  a  question  is  submitted  to  the 
vote  of  the  people,  by  making  in  the  appropriate  margin  or  place, 
a  cross  (X)  against  the  answer  which  he  desires  to  give. 

Sec.  178.     Assistance.     A  voter  who,  by  reason  of  physical  1900,  No.  3,  §  i. 
or  mental  disability,  is  unable  to  mark  his  ballot  shall  so  declare  jsgl'  xo"^^!,'  s  2n. 
to  the  jn-esiding  officer ;  and  such  voter  shall  then,  upon  request,  ^^^^'  ^°-  ^'  ^  -^■ 
be  directed  by  said  officer  to  a  booth  in  which  he  may  be  assisted 
in  the  marking  of  his  ballot  by  the  two  assisting  clerks. 

Sec.  179.     Folding    and    depositing.     Before    leaving    the  v.  s.  §  12s. 
booth,  the  voter  shall  fold  his  ballot  or  ballots  separately,  with-  Itto,  No!  o!  I  27! 
out  displaying  the  marks  thereon,  and  shall  then  deliver  the  ^'  ^-  ^^  ~^'  ''" 
same,  so  folded,  to  the  presiding  officer  or  person  authorized  to 
receive  the  same.     When  the  ballots  are  so  delivered,  the  name 
of  the  voter  shall  be  checked  upon  the  check-list,  and  he  shall 
proceed  forthwith  outside  the  guard  rail  by  the  exit  and  shall 
not  again  enter  such  enclosed  space  during  such  balloting,  unless 
he  is  an  election  officer.     No  voter  shall  be  allowed  to  occupy  a 
booth  more  than  five  minutes  when  other  voters  are  waiting  to 
occupy  the  same. 

Sec.  180.     Spoiled  and   unused   ballots.     No   person   shall  v.  s.  5  120. 
take  or  remove  a  ballot  from  the  polling  place  before  the  close  of  Hqc,]  xo!  9!  |  2!! 


126 


(•()lN'rL\(i  AM)  Ki:TriL\L\"(i  NOTES. 


['J'lTLE  3. 


1902,  No.  4,  §  1. 

V.  S.  §  130. 

1892,  No.  1,  §  30. 

1890,  No.  9,  §  30. 


1906,  No.  5,  §  1. 

V.  S.  §  131. 

1894,  No.  3. 

1892,  No.  1,  §  3;: 


the  polls.  If  a  voter  spoils  a  ballot,  he  may  obtain  others,  one 
at  a  time,  not  exceeding  three  in  all,  upon  returning  the  spoiled 
ones ;  and,  if  a  person  fails  to  use  a  ballot  received  from  the  bal- 
lot clerk,  he  shall,  before  going  outside  the  guard  rail,  deliver 
the  same  to  the  presiding  officer.  The  ballots  thus  returned  or 
delivered  shall  be  immediately  cancelled  and,  together  with  those 
not  distributed  to  the  voters  and  those  that  have  been  delivered 
to  the  presiding  officer,  shall  be  preserved  and  secured  in  sealed 
packages  and  returned  to  the  county,  town  or  village  clerk  from 
whom  the  same  were  received,  who  shall  preserve  them  in  such 
condition  until  the  adjournment  of  the  general  a.sseml)ly  next 
after  the  election  in  which  they  were  used,  unless  called  for  by 
some  authority  entitled  to  demand  and  receive  the  same. 

Sec.  181.  Rejection  of  ballots.  If  the  voter  marks  more 
names  than  there  are  persons  to  be  elected  to  an  office  or  if,  for 
an}^  reason,  it  is  impossible  to  determine  the  intent  of  the  voter 
as  to  his  choice  for  an  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office.  If  the  board  of  civil  authority  is  satis- 
fied and  so  decides  by  majority  vote  of  those  present,  that  any 
double  or  irregular  markings  of  a  ballot  were  made  for  the  pur- 
pose of  enabling  it  to  be  identified  and  the  vote  traced  so  as  to 
defeat  the  secrecy  and  purity  of  the  ballot  law,  such  ballot  may 
be  rejected.  Said  board  shall  make  a  record  of  such  rejection 
and  the  reason  for  it  or  the  evidence  on  which  it  was  based  and 
shall  file  the  same  with  the  ballots  counted  as  provided  in  section 
one  hundred  and  ninety.  No  ballot,  without  the  official  indorse- 
ment, shall,  except  as  otherwise  provided,  be  deposited  in  the 
ballot  box ;  and  none  but  ballots  provided  in  accordance  with  this 
title  shall  be  counted.  Ballots  not  counted  shall  be  marked 
''defective"  on  the  back  thereof  and  returned  and  preserved  as 
provided  for  returning  and  preserving  ballots  in  the  preceding 
section. 

Exceptions. 

Sec.  182.  Application  of  Australian  system.  The  pro- 
visions of  nuiiibcr  one  of  the  acts  ol'  eighteen  hundred  and  ninety- 
two  sliali  not  apply  to  an  annual  or  special  meeting  of  a  town  or 
village  held  for  the  purpose  of  choosing  town  or  village  officers, 
unless  the  population  of  such  town  or  village  exceeds  three  thou- 
sand in  number,  or  to  an  annual  or  special  meeting  of  a  town  or 
village  whose  population  exceeds  three  thousand  and  does  not 
exceed  eight  thousand,  unless  such  town  or  village,  at  its  ainiual 
meeting  or  at  a  special  meeting  called  for  that  pnrpose.  votes  to 
have  them  apply. 


CHAPTER   13. 

COUNTING  AND  RETURNING  VOTES. 


Skctio.ns   ISo-lSG. — Rei>ri'.'<!('nta(ive    lo    the    jj:i'Ium;i1    nsseinbly. 
Sections  187-191. — State  oflioers  ami  congressmen. 
Sections  192-196. — County  odieers. 


Chap.  13.]       STATE    OFFICERS   AND   CONGRESSMEX.  127 

Sections  197-200. — Duty  of  secretary  of  state  and  legislative 

canvassing  committee. 
Sectiox  201. — Canvassing  votes   at   local    elections. 

Representative  to  the  General  Assembly. 

Sec.  183.     Counting  votes.     At  Ihree  o'clock  in  the  after- v.  s.  §  132. 
noon  on  the  day  of  a  general  election,  the  votes  given  for  repre-  1882I  No.'  114,  §  2. 
sentative  to  the  general  assembly  shall  be  canvassed  by  such  of  J];  g-  |^  §|-ig^  ^^g 
the  board  of  civil  authority  as  are  present,  assisted  by  the  assist-  ^^^^  y.^^  i|-  ^  ^ 
ant  clerks  and  ballot  clerks;  and,  if  no  person  has  a  majority  R- iJ97,  p.  547  1  3. 
of  the  votes  given,  the  presiding  officer  shall  so  inform  the  free- 
men and  another  balloting  shall  be  had,  a  reasonable  time  only 
being  given  for  receiving  and  counting  the  votes;  and  ballotings 
shall  be  continued,  until  an  election  is  made.     No  vote  .shall  be 
received  on  a  balloting  after  the  box  is  turned,  but  five  minutes 
notice  of  the  intention  to  turn  the  box  shall  be  given  by  the  pre- 
siding officer. 

Sec.   184.     No  adjournment  until  election.     A  general  elec- v.  s.  §  133. 
tion  held  on  the  first  Tuesday  in  September  shall  not  be  ad- isg^;  xo^^ioD. 
journed,  until  a  representative  to  the  general  assembly  is  elected, 
unless  upon  the  unanimous  vote  of  the  legal  voters  present  at  the 
time  the  question  of  such  adjournment  is  put. 

Sec.  185.     Certificate  of  election.     When  such  representa- v.  s.  §  1.34. 
tive  is  elected,  the  presiding  officer  shall  declare  the  same  in  the  isto"  no.  2,  §  2. 
presence  of  the  freemen  and  make  and  deliver  to  the  person  ^  |;  \'  |  \l- 
elected  a  certificate  in  the  following  form :  '^-  i'^"'  p-  ^^~'  §  ^• 

State  op  Vermont, 
Town  of  ,  ss. 

At  a  general  election,  legally  warned  and  holden  at 

in  the  county  of ,  on  the  first  Tues- 
day in   September  in  the  year ,  A.   B.   was  duly 

elected  a  representative  to  the  general  assembly,  by  a  majority  of 
the    freemen   present    and    voting,    to    represent   the    town    of 

— — in  the  general  assembly  of  the  state  of 

Vermont. 

Given  undiM-  my   hand   at  said ,   this 

day  of  September,  A.  I). . 

C.  D.,  Presiding  Officer. 

Such  certificate  shall  be  a  sufficient  credential  of  such  per- 
son's election. 

Sec.   186.     Same;  clerk  signs,  when.     AVhen  there  is  more  v.  s.  §  135. 

^1  ,,.  ,  .  ^^  -.    .,  ■  1SS2,    No.    115,    §    1. 

than  one  polling  ])lace  ni  a  town  and  tliere  is  no  common  pre- 
siding officer,  the  certificate  provided  for  in  the  preceding  section 
shall  be  signed  and  delivered  by  the  town  clerk. 

State  Officers  and  Congressmen. 
Sec.  187.     Counting  votes.     At  five  o'clock  in  the  afternoon  v.  s.  §  i36. 

...         1894    No    2,  I  1 

on  the  day  of  a  general  election,  the  board  of  civil  authority.  1S02!  No!  1.'  §  24. 
assisted  bj^  the  assistant  clerks  and  ballot  clerks,  shall  count  the  ]ss2;  No.  114,  §  3. 
votes  given  for  state  officers  and  for  representative  to  congress,  ^;  ^';  | ^^-  j^  or, 
and  make  a  list  of  the  persons  voted  for  and  the  number  of  votes  R-  S-  i-  §§  i"-  '■'^''- 


128  STATK    OKl'ICKKS    AM)    (•()N(  ilJKSS.MKX.  [Titlk  8. 

3  815.  p.  iGi.  s_o.  _  for  each,  which  shall  be  signed  by  the  j)residing  officer  and  by 
ii!  1787,'  p!  40.''  **  '  the  town  clerk,  if  present,  and  recorded  in  the  town  clerk's  office. 
1904,  Xo^_5S,  §  2.  Sec.  188.  Certificates  of  votes.  Certificates  of  votes  for 
isoV,  No.  2.'  §  2.  state  officers,  each  attested  by  the  presiding  officer  and  town 
R.  l!  §  °8G.  '  '  clerk,  if  present  at  such  election,  and  the  certificates  of  votes  for 
n.  s!  i'.  I  is!  representative  to  congress,  shall  severally  be  enclosed  and  sealed 

R  1787'  p  49''  ^  ^'  "P  ^y  ^^®  presiding  officer;  and.  on  the  outside  of  each  package, 
shall  be  written  the  town;  and,  on  tlie  package  enclosing  the 
certificate  of  votes  for  governor,  shall  be  written  "Certificate  of 
votes  for  Governor;"  on  the  package  enclosing  the  certificate  of 
votes  for  lieutenant-governor,  "Certificate  of  votes  for  Lieuten- 
ant-Governor;" on  the  package  enclosing  the  certificate  of  votes 
for  state  treasurer,  "Certificate  of  votes  for  State  Treasurer;" 
on  the  package  enclosing  the  certificate  of  votes  for  secretary  of 
state,  ' '  Certificate  of  votes  for  Secretary  of  State ; "  on  the 
package  enclosing  the  certificate  of  votes  for  auditor  of  accounts, 
"Certificate  of  votes  for  Auditor  of  Accounts;"  on  the  package 
enclosing  the  certificate  of  votes  for  attorney  general,  "Cer- 
tificate of  votes  for  Attorney  General ; ' '  and  on  the  package 
enclosing  the  certificate  of  votes  for  representative  to  congress, 
"Certificate  of  votes  for  Representative  to  Congress." 
V.  s.  §  13S.  Sec.   189.     Duplicate  certificates.     J)uplicate  certificates  of 

R.  l!  §°87T'     "       the  votes  shall  be  made,  sealed  and  superscribed  as  provided  iu 
18(0,  No.  2,  §  o.       i^Ij^,  preceding  section;  and  those  for  state  officers  shall  be  en- 
closed by  the  presiding  officer  in  a  single  package  and  sealed  and 
superscribed  with  the  name  of  the  towoi  and  the  words  "Cer- 
tificate of  votes  for  State  Officers;"  and  said  presiding  officer 
shall,  within  six  days  after  such  general  election,  transmit  the 
■    same  by  mail  to  the  secretary  of  state  at  IMontpelier. 
1902,  No.  4,  §  1.  Sec.   190.     Disposition  of  votes,  etc.     The  presiding  ol^cer 

1894',  No^^2,'  §  4.       shall  forthwith,  after  such  election,  deliver  to  the  town  clerk  the 
ji^t'  «"*88^^^'  ^  "'     '^''^tes  cast  for  state  and  county  officers,  representative  to  congress 
1870,  No.  2,   §§  5,  and  representative  to  the  general  assembly,  together  with  the 
iSGs!  No.  2,  !(§  1.  2.  duplicate  certificates  of  the  votes  therefor:  and  the  clerk  shall 
{{'.  s.  1'.  '§§  10'.  37!     keep  the  same,  togetlier  with  tlic  ree(n'd  of  rejection  of  l)allots 
n.  17S7'  p!  '5o,''§'*i!^'  returned  to  him  by  the  board  of  civil  autliority.  securely  sealed 
for  three  years  after  such  election;  but.  if  called  for,  he  shall 
deliver  them  to  the  committee  appointed  I»y  the  general  assembly 
to  canvass  the  same  or  to  a  person  authorized  to  receive  them, 
for  such  purposes  and  for  such  time  as  it  or  he  is  entitled  to 
them, 
u.  ioo(i,  s  177.  "^Kc.   191.     Form  of  certificate.     The  certificates  of  votes  for 

YoJ^'  t  ^'^l.o  .  ^  govci-iior,  licutonant-governor,  state  treasurer,  secretarv  of  state, 
R-  I'-  S  f><J-  auditor  of  accounts,  attornev  general  and  representative  to  eon- 

G.  S.  1,  S§  24,  40.  '  "     '^  .        '  . 

R.  R.  1,  s§  22.  :'.<;.     gress,  shall  be  substantiallv  in  the  following  torm : 


isor,,  II.  no,  § 


S'l'ATK  OP  Vermont, 

Tt)wn  of ,  ss. 

At  a  general  election  legally  w.ii'iicd  .iiitl  lii>lden  at 

in  the  state  of  Vermont,  on  the  first  Tuesday  of  Se]~>tember, 

A.  D.  ID ,  the  votes  for having  been 

(Inly  liiki'ii  jiiid  canvassed.  Ihc  following  ix^rsoiis  had  the  nunilter 


Chap.  13.]  DUTY    OF    SECRETARY    OF   STATE.  129 

of  votes  annexed  to  their  names,  respectively:  [Here  insert 
the  names  of  the  persons  voted  for,  and  the  number  of  votes 
given  for  each  person.] 

Attest:  A.  B.,  Presiding  Officer. 

C.  D.,  Town  Clerk. 

County  Officers. 

Sec.  192.     Counting  votes.     The  votes  for  county  officers  v.  s.  §  i4i. 
shall  be  counted  at  five  o'clock  in  the  afternoon  by  such  of  the 
board  of  civil  authority  as  are  present,  assisted  by  the  assistant 
clerks  and  ballot  clerks. 

Sec.  193.     Votes  for  senators;  notice.     Lists  of  the  votes  v.  s.  §  142. 
for  senators  shall  be  made,  delivered  and  canvassed  and  senators  cons'.  Art.  5. 
notified  of  their  election  in  the  manner  prescribed  in  the  con-  {(,  §;  i;  \\  20',  21! 
stitution. 

'  Sec.  194.     Senators'  certificates.     The  certificates  of  votes  1902,  No.  90,  §  99. 
for  senators  shall  l)e  substantially  in  the  form  prescribed  for  isse"  No.  35,  §  1. 
certificates  of  votes  for  state  officers.  g!  s.'  1,  §  '24. 

R.  S.  1,  §  22.  1806,   p.   146,   §  3. 

Sec.  195.     Other  county  officers.     A  certificate  of  the  votes  v.  s.  §  145. 
for  county  officers,  other  than  those  for  senators,  shall  be  made  Am.'const.' Art.  20. 
and  delivered  as  prescribed  in  the  constitution,  a  list  of  all  per-     io.'  ^  °'  ' 

sons  voted  for  being  included  in  such  certificate ;  and  the  names  q^^|;  f°-^  fj, 
of  persons  voted  for  shall  be  written  on  such  list  as  they  are  ^^^^<  ^'o-  ^^'  §  '^• 
written  on  the  votes.     The  presiding  officer  shall,  at  the  same 
time,  make  a  duplicate  certificate,  which,  in  a  sealed  package  with 
the  same  superscription,  he  shall  transmit  by  mail,  within  six 
days,  to  the  secretary  of  state  at  I\Iontpelier. 

Sec.  196.     Form  of  certificate.     The  certificate  of  votes  for  v.  s.  §  i46. 
officers  referred  to  in  the  preceding  section  shall  be  substantially    '54.' 

.ion        •  £  1870,  No.  2,  §  4. 

m  the  lollownig  form :  g.  s.  i.  §  25. 

State  op  Vermont, 

Town  of ,  ss. 

At  a  general  election  legally  warned  and  holden  at 

in  the  county  of ,  on  the  first  Tuesday  of  September. 

A.  D.  19 ,  the  votes  for  assistant  judges  of  the  county 

court,  judge  of  probate,  state's  attorney,  sheriff',  high  bailiff  and 
justices  of  the  peace,  having  been,  duly  taken,  sorted  and  counted, 
the  following  persons  had  the  number  of  votes  annexed  to  their 
names  respectively,  for  the  several  offices  herein  stated :  [Here 
insert,  under  the  name  of  each  office,  the  names  of  the  persons 
voted  for  and  the  number  of  votes  given  for  each  person.] 

Attest:  A.  B.,  Presiding  Officer. 

Duty  of  Secretary  of  State  and  Legislative  Canvassing  Com- 
mittee. 

Sec.  197.     Certificate    not    received.     If    the    secretary    of  v.  s.  §  147. 
state  does  not  receive,  in  due  time,  any  certificate  required  to  be  1870]  No. "2,  §  7. 
forwarded  to  him,  he  shall  notify  the  clerk  of  the  tovm.  from  ^^^^'  ^°'  "•  ^  ^' 
which   certificates   are   lacking,   who    shall  forthwith   make   an 
9 


130  CONTESTIXG    ELECTIONS.  [Title  3. 

attested  copy  of  the  record  in  his  office  of  such  lacking  certificates 
and  transmit  the  same  by  i«ail  to  said  secretary. 
V.  s.  §  148.  Sec.   198.     Returns  tabulated;  blanks.     Said  secretary  shall 

1870,'  No.  2,  s  8.  make  a  statement,  l)y  towns  and  counties,  of  the  votes  given  for 
1868,  No.  L>,  §  4.  state  and  county  officers  and  for  representative  to  congress, 
according  to  the  certificates  transmitted  to  him,  and  shall  keep 
such  statement  and  such  certificates  and  deliver  the  same,  when 
called  for,  to  the  respective  committees  appointed  by  the  general 
assembly  to  canvass  such  votes;  and  he  shall  also  furnish  town 
clerks  such  instructions  and  blank  forms  as  are  necessary  to 
carry  out  the  provisions  of  this  chapter  in  respect  to  such  cer- 
tificates. 
R.  1900.  §  183.  Sec.  199.     Canvassing   votes.     The  votes   for  secretary  of 

V.  s.'  §*i49. '  '  state,  auditor  of  accounts  and  attorney  general  shall  be  sorted 
1884,  No.  69,  §  7.  j^j^^j  countccl  and  the  result  declared  by  the  committee  appointed 
by  tlie  senate  and  house  of  representatives  to  canvass  the  votes 
for  governor,  lieutenant-governor  and  state  treasurer;  and,  in 
the  event  of  no  election  by  the  freemen,  of  secretary  of  state, 
auditor  of  accounts  or  attorney  general,  the  senate  and  house 
of  representatives  shall,  by  .joint  ballot,  elect  to  fill  the  office  not 
filled  by  the  freemen,  one  of  the  three  candidates  for  such  office, 
if  there  are  as  many,  for  whom  tlic  greatest  number  of  votes 
are  returned. 
V.  s.  §  i.jO.  Sec.  200.     Final  disposition  of  certificates.     The  canvass- 

g!  s."  1,^^20.  J'^S"  eonnnittee,  after  the  canvass,  shall  deposit  the  certificates  in 

1850".  No.  6i;  §  2.     tim  office  of  the  secretary  of  state. 

Canvassing  Votes  at  Local  Elections. 

v.  s.  g  151.  Sec.  201.     When;  how.     At  local  elections,  the  polls  shall 

33.'  *  "•  1'  §»  -  •  close  and  the  votes  for  the  officers  to  be  elected  thereat  shall  be 

counted  at  two  o'clock  in  the  afternoon.     Such  of  the  board  of 

civil  authority  as  are  present,  assisted  ))y  the  assistant  clerks  and 

ballot  clerks,  shall  canvass  the  votes  cast  at  such  election. 

CHAPTER    14. 
CONTESTING  ELECTIONS. 

V.  s.  §  ir,2.  Sec.  202.     Representative ;  notice.    No  person  shall  contest 

Q-  s."  1  ^''27.  ^^^^  election  of  a  returned  representative  to  the  general  assem- 

R.  s.  1,  §  24.  ]j\y^  unless  it  appears  that  such  representative  was  notified  in 

writing  of  the  intention  to  make  such  contest,  within  six  days 
from  the  day  of  such  election. 
V.  s.  §  i.^>3.  Sec.  203.     Testimony.     No  testimony  shall   l)c  used  at  the 

G  s'  1  V'^f.  hearing  of  a  contested  election,  unless  taken  in  writing,  within 

1848,  No.  10.  tiie  town  where  the  person  resides  whose  election  is  contested. 

I83V,  No.  20.  before  a  justice,  not  an  inhabitant  of  such  town,  who  !)>■  law  may 

.judge  between  the  parties,  at  least  six  days  before  the  eommence- 
ment  of  the  session  of  the  general  assembly;  nor  unless  it  appears 
by  the  certificate  of  such  justice,  that  such  person  had  received 
at  least  six  days'  notice  of  the  time  and  place  of  taking  such 
testimony;  and  such  testimony  shall  be  taken  within  fourteen 
davs  after  sudi  election. 


1827,   No.   24 


Chap.  Lk]  IfEPRESEXTATlVES    TO    ( OXGRESS.  131 

Sec.  204.     Same;   rebuttal.     The   person   \vliose   election   is  v.  s.  §  154. 
contested  ma\-  take  testimony  in  his  behalf,  at  the  time  and  place  a',  s."  1,  §  20. 
set  for  taking  testimony  against  him,  without  notice,  or  at  any  r^"*|;  j^  §■  20. ' 
time  and  place  within  such  town,  before  a  justice,  as  aforesaid,  J|^|;  5^'°;  fl 
by  giving  six  days'  notice  in  writing  to  the  person  contesting 
his  election ;  and  he  shall  close  the  taking  of  his  testimony  within 
eight  days  after  the  taking  of  the  testimony  of  the  contestant; 
and  the  contestant  shall  close  his  rebutting  testimony  within  six 
days  thereafter. 

Sec.  205.     Depositions.     No  deposition  shall  1)0  used  before  i904,  No.  58,  §  1. 
the   committee   to   canvass   the  votes  for  governor,   lieutenant-  issV,  No.  eo,  §  8. 
governor,  state  treasurer,  secretary  of  state,  auditor  of  accounts  J];  g-  |^  ^1^30. 
and  attorney  general,  as  to  the  legality  of  such  votes,  unless  it  ^gj|-  ^  l^^s. 
appears  by  the  certificate  of  the  justice  taking  such  deposition, 
that  the  presiding  officer  and  the  selectmen  of  the  town  in  which 
such  votes  were  given,  were  duly  notified  of  the  time  and  place 
of  taking  such  deposition,  and  that  the  same  was  taken  within 
such  town  at  least  ten  days  before  the  session  of  the  general 
assembly. 

Sec.  206.     Form    of    testimony.     Testimony    in    contested  v.  s.  g  ir.n. 
elections  and  as  to  the  validity  of  votes  shall  be  taken,  as  nearly  ols.  1,  §31. 
as  may  be,  in  the  form  prescribed  for  depositions  to  be  used  in  r/'s'  £/*§  0=; 

civil  causes.     1S2T,  no.  24.      1834,  No.  26. 

Sec.  207.     Witnesses.     Witnesses  duly  summoned  and  ten-  v.  s.  §  157. 
dered  their  fees  shall  make  their  depositions  in  cases  of  contested  g!  s.  i,  §  32. 

T>         QJ        -|  g      Oft 

elections  at  the  time  and  place  mentioned  in  the  summons.  issV,  No.  26,  §  3. 

CHAPTER   15. 

CANVASSING    VOTES    AND     SPECIAL    ELECTIONS 
FOR   REPRESENTATIVES   TO    CONGRESS. 

Sec.  208.     Canvassing  committee.     A  committee  for  each  v.  s.  §  iss. 
congressional  district  shall  be  appointed  by  the  general  assembly  g.  s.'  1,  s  42. 
within  one  week  from  the  commencement  of  each  biennial  session  1832'  No.  11,'  §  3. 
thereof;  which  committees  shall  canvass  the  certificates  of  votes 
given  for  representative  to  congress  in  their  respective  districts 
and  declare  the  person  having  a  majority  of  the  votes  in  each 
district  elected,  and  forthwith  give  notice  thereof  to  the  governor. 

Sec.  209.     List  of  certificates.     The  committee  shall  make  a  v.  s.  §  150. 
list  of  the  certificates  from  the  several  towns,  with  the  number  of  g".  s."  i,  §  4S. 
votes  for  each  person,  designating  such  as  are  illegal,  and  lodge  1S3V  no.  11,'  §  7. 
a  copy  of  the  same  and  the  original  certificates  with  the  secretary 
of  state,  to  be  kept  by  him  until  the  close  of  the  first  session  of 
the  Cosgress  for  which  such  election  was  made. 

Sec.  210.     No  choice;  notice.     If,  in  any  district,  no  pei-son  v.  s.  §160^^ 
has  a  majority  of  the  votes,  the  committee  shall  forthwith  give  a',  s.'  1,  §  43. 

•  R    ^5    1    5  39 

notice  thereof  to  the  governor  and  forward  to  him  a  statement  jssV.  No'  ii,'  §  4. 
of  the  number  of  votes  given  for  each  person. 

Sec.  211.     Special   election.     The    governor,    on    receiving  v.  s.  §  ifii. 
such  notice,  shall  forthwith  issue  a  proclamation,  which  shall  be  a.  s."  i.  §  44. 
published  in  each  newspaper  printed  in  such  district,  that  no  i'^^^'  ^*'-  ^'^-  ^  -• 


132  PRESIDKXTIAI.    KLKCTOliS.  [Titlk  3. 

R.  s.  1.  §  40.  election  has  been  made  in  sueli  district  and  stating  the  number  of 

i8:5o!  No.  22.      '     votes  given  for  each  candidate;  and  the  prochimation  shall  re- 
1828,  No.  lo.  quire  the  freemen  of  the  district  to  meet  on  tlie  Tuesday  next 

after  the  first  IMonday  in  November  following,  at  one  o'clock  in 
tlie  afternoon,  in  the  places  in  the  several  towns  where  the  gen- 
eral elections  were  last  held,  to  elect  a  representative  to  congress; 
which  election  shall  be  conducted  as  before  provided  in  case  of  a 
general  election. 
V.  s.  §  162.  Sec.  212.     Certificate  of  votes.     A  certificate  of  the  number 

a',  s.'  1,  §*^45.  of  votes  for  each  candidate  taken  at  such  election,  signed,  re- 

i84|,  No^  4,^§  3.       corded,  sealed  up  and  superscribed  as  heretofore  provided,  shall 
1832,  No.  11,  §  5.     be  delivered  by  the  presiding  officer  to  the  clerks  of  the  respective 
counties  in  such  district,  Avithin  one  week  after  such  election, 
v.  s.  §  163.  Sec.  213.     Canvassing.     Such  county  clerlvs  or,  in  case  of 

1874,'  No.  71.  the  absence  or  disability  of  a  clerk,  the  sheriff  of  the  county,  shall 

issf,'  No.  ^6.5.^^'  ^''  meet  to  canvass  such  votes  on  the  third  Tuesday  succeeding  such 
?83l'  No^M"'«^5'     election,  at  the  following  places  in  tlieir  respective  districts:  in 
district  number  one,  at  the  court  liouse  in  INIiddlebury ;  and  in 
district  number  two,   at  the  AVhite  River  Junction   House  in 
Hartford. 
V.  s.  §  104.  Sec.  214.     Same.     They  shall  be  severally  sworn  and  shall 

g!  s".  \^%'  46,  49,  publicly  canvass  the  votes ;  and,  in  case  of  an  equal  division  as 
i85i'  No  G.5.  to  the  admission  of  votes,  shall  call  to  their  aid  a  judge  of  the 

R.^s.  1,  §§  42,  47,  court  of  the  county  in  which  they  meet,  who  shall  thereupon  have 
1832,  No.  11,  §§  5,  an  equal  voice  with  them  on  that  question  ;  and  they  shall  declare 
the  person  having  the  greatest  number  of  votes  elected  and  give 
notice  thereof  to  the  governor, 
v.  s.  §  16.5.  Sec.  215.     List  made,  etc.     Thcv  shall  make  a  list  of  the  cer- 

T>      T        8    1  OR  * 

c,'.  s.  1,  §  48.  tificates  from  each  town  and  the  number  of  votes  for  each  person, 

I'ssf,  No!  if,'  §  7.     designating  such  as  they  judge  illegal,  and  lodge  certified  copies 

with  the  county  clerks  of  the  district,  to  be  open  for  inspection, 

and  shall  preserve  the  original  certificates  until  after  the  first 

session  of  the  Congress  for  which  such  election  was  made. 

Sec.  216.  "Vacancy.  If  a  vacancy  occurs  in  the  office  of  rep- 
resentative to  congress  in  a  congressional  district,  the  governor 
shall  issue  a  proclamation  directing  an  election  to  be  made  in  such 
district  to  fill  the  vacancy,  on  a  day  designated  in  such  procla- 
mation ;  and  such  election  shall  be  held  and  the  result  ascertained 
and  declared  as  provided  in  cases  where  there  is  no  election  on 
the  first  Tuesday  in  September. 

CHAPTER   16. 

ELECTION  OF  ELECTORS  OF  PRESIDENT  AND 
VICE-PRESIDENT. 

V.  s.  §  107.  Sec.  217.     Warning,  etc.     In  tlie  year  when  \ho  election  of 

g!  k  \^T%  r.4,  07,  president  and  vice-president  of  the  United  States  occurs,  a  notice 
isGoi  No.  10  shall  be  posted  in  each  town  as  hereinl)efore  provided,  warning 

1848,  No.  14,  §§  1.  {]^Q  freemen  to  meet  and  vote  for  the  number  of  electors  to  which 
n.  's.  1,  §§  .^,2,  -,4.  the  state  is  entitled;  and  such  election  shall  be  lield  and  the  votes 
for  such  electors  taken  and  counted  as  provided   for  state  of- 


V.  s. 

§  166. 

U.  I.. 

§  109. 

G.  S. 

1,  §  52. 

R.  R. 

1,  §  50. 

1832, 

No.  11,  §  16. 

1822, 

p.  29,  §  15. 

1817, 

p.  110,  §  1. 

1798, 

p.  21. 

1  79.-., 

p.  39. 

1794, 

p.  41. 

Chap.  10.]  PRESIDENTIAL    ELECTORS.  133 

ficers;  and  a  list  of  the  names  of  persons  voting  shall  be  kept  I824,  p.  4.  s§  1,  2. 
1,1       1     1  1791,  p.  37. 

by  the  clerk. 

Sec.  218.     Certificates  of  votes.     When  an  election  of  elec- v.  s.  §  les. 
tors  is  liatl,  two  eertiiicates  of  the  number  of  votes  given  for  each  r.  l!  s.iii-' 
candidate  shall  be  made  and  signed  by  the  presiding  officer  of  g.  s.'i.  °§§  55/59. 
the  election  at  which  the  votes  are  cast.     The  certificates  shall  be  \gll[  ^^  ^f  I  ^ 
in  the  following  form  :  J^go|-  ^'  ^^^C'- ., 

State  op  Vermont, 
Town  of ,  ss. 

At  a  general  election  legally  warned  and  liolden  at , 

on  the  Tuesday  next  after  the  first  Monday  in  November,  A.  D. 

19 ,  the  votes  for  electors  of  president  and  vice-president 

of  the  United  States  having  been  duly  taken  and  examined,  the 
folloAving  named  persons  had  the  number  of  votes  set  to  their 
names  respectively:  [Here  state  the  names  of  persons  voted  for 
and  the  numter  of  votes  for  each.] 

GTiven  under  my  hand  at this day  of , 

A.  D.  19 . 

A.  B.,  Presiding  Officer. 

Sec.  219.     Disposal   of   certificates.     The   presiding   officer  v.  s.  §  ico. 
shall  seal  up  one  of  such  certificates  and  write  thereon  the  nameit.  \l  §'112.' 
of  the  town  and  the  words  "Certificate  of  votes  for  Electors, "^^^|'/5^-g\^y  %^ 
and  shall,  within  two  days  after  such  election,  transmit  such  ^g|J-  ^.^  ^^ 
certificate  by  mail  to  the  secretary  of  state  at  Montpelier  for  the  «•  s.'  1.  §§  57,  5s. 

.       .  1824,  pp.  4,  G,   Sj§  2, 

use  of  the  canvassers.  The  other  certificate  shall,  within  two  3. 
days  after  such  election,  be  delivered  by  the  presiding  officer  to 
the  town  clerk,  who  shall  file  and  record  the  same  in  his  office 
and,  within  four  days  after  such  election,  transmit  a  certified 
copy  thereof  to  the  secretary  of  state  at  Montpelier.  X  certified 
copy  of  the  certificate  filed  in  the  town  clerk's  olifice  or  of  the 
record  thereof  may  be  used  by  the  canvassers  if  the  other 
certificate  is  lost  or  defaced. 

Sec.  220.     Canvassing.     The  lieutenant-governor,  secretary  v.  s.  §  170. 
of  state  and  speaker  of  the  house  of  representatives  shall  consti-  fgsoi  No"i36,  $  3. 
tute  a  board  to  canvass  the  votes  for  electors.     Said  board  shall  ^-J^-  ^'  §§  ^^'  6^- 

d4. 

meet  at  the  state  house  in  IMontpelier  on  the  third  Tuesday  in  R-  s.  1,  §§  57,  60, 
November  of  the  year  in  which  the  votes  are  cast  and,  being  duly  1824',  pp.  4,  7,  §§  2, 
sworn,  shall  there  publicly  canvass  such  votes  and  declare  the 
persons,  equal  to  the  number  of  electors  to  be  chosen,  having  the 
greatest  number  of  votes,  elect^ed  electors  of  president  and  vice- 
president  of  the  United  States,  and  give  notice  thereof  to  the 
governor  and  to  each  person  elected,  within  five  days  thereafter. 
If  any  member  of  the  board  fails  to  appear  at  the  meeting  on  the 
third  Tuesday  in  November,  the  governor  shall  appoint  some 
one  to  act  as  member  of  the  board  in  his  place. 

Sec.  221.     Lists  made.     The  canvassers  shall  make  a   list  v.  s.  §  171. 
of  the  certificates  from  the  several  towns  with  the  number  of  isso.'  xo^^i.^fi.  §  4. 
votes  for  each  person,  designating  such  as  are  illegal  and  shall  p-  fj^'^^so"" 
lodge  a  certified  copy  of  such  list  in  the  ofifice  of  the  secretary  1S24.  p.  V.,  §  4. 
of  state,  open  for  inspection,  and  preserve  the  original  eertifi- 


134 


PENALTIES. 


[TiTLK    3. 


R.  190C,  §  208. 
V.  S.  §  172. 
1888,  No.  i:i4,  §  1. 
R.  L.  §  115. 
1880,  No.  l.-^C,  §  5. 
1876,  No.  1)1. 
G.  S.  1,  §  03. 
R.  S.  1,  §  60. 
1824,  p.  6,  §  5. 


V.  R.  §  17.S. 
R.  L.  §  116. 
1880,  No.  i;{0,  §  0. 


cates  until  after  the  election  of  president  and  vice-president  is 
declared. 

Sec.  222.  Electors  meeting.  The  persons  declared  elected 
shall  meet  at  the  state  house  in  Montpelier  on  the  second  ^Monday 
in  January  following  their  election,  to  vote  for  president  and 
vice-president  of  the  United  States,  agreeably  to  the  laws  of  the 
United  States;  and,  if  there  is  a  vacancy  in  such  electoral  col- 
lege on  such  day,  occasioned  by  death,  refusal  to  act,  neglect  to 
attend,  or  in  any  other  manner,  or  for  other  cause,  the  other 
electors  present  shall  at  once  fill,  by  viva  voce  and  plurality  of 
votes,  such  vacancy;  and,  when  all  the  electors  appear,  or  the 
vacancy  therein  is  thus  filled,  such  electors  shall  perform  the 
duties  required  of  them  by  the  Constitution  and  laws  of  the 
United  States.  If  a  vacancy  occurs  and  is  filled  as  aforesaid, 
the  electors  shall  attach  to  the  certificate  of  their  votes  a  state- 
ment showing  how  such  vacancy  occurred  and  their  action 
thereon. 

Sec.  223.  Compensation.  Said  electors  shall  each  receive 
for  attendance  upon  the  meeting  provided  for  in  the  preceding 
section,  the  sum  of  ten  dollars  and  actual  expenses. 


CHAPTER   17. 

OFFENSES  AGAINST  THE  PURITY  OF  ELECTIONS. 

Sections  224-226. — Penalties  upon  otHcers. 
I  Sections  227-230. — Penalties  upon  voters. 

;  .  ■  Sections  231-240. — Miscollanoous. 


V.  S.  §  .5117. 

R.    L.    §   4207. 

3  874,  No.  58,   §  1. 

<r;.  S.  1,  §  73. 

11.  S.  1,  §  70. 

R.  1797,  p.  5.51,  § 

1793,   p.    18. 


1002,   No.  5,  §  1. 


I  ■  Penalties  upon   Officers. 

Sec.  224.  Presiding  officer  receiving  illegal  vote.  A  i)re- 
siding  officer  in  a  town,  village  or  school  district  meeting  or  a 
general  election  who  knowingly  receives  and  counts  a  vote  from 
a  person  not  a  qualified  voter,  or  knowingly  receives  from  a 
voter,  at  any  one  balloting  for  the  same  office,  more  than  one 
vote,  shall  be  fined  not  more  than  one  hundred  dollars  if  the 
offense  is  committed  in  a  town,  village  or  school  district  meeting, 
and  not  more  than  five  hundred  dollars  if  the  offense  is  com- 
mitted in  a  general  election. 

Sec.  225.  Presiding  officer  not  to  allow  votes  to  be 
counted,  when.  A  presiding  officer  at  a  general  election  who 
allows  fhe  ballots  for  state  or  county  officers  to  be  counted  or  the 
ballot  box  containing  the  same  turned  before  five  o'clock  in  the 
afternoon  shall  be  fined  not  more  than  one  hundred  dolhirs  nor 
less  than  twenty  dollars. 

Sec.  226.  ision-performance  of  duty  by  public  officer.  A 
l)ublie  officer  upon  whom  a  duty  is  inii)osed  by  llie  provisions  of 
this  title,  wlio  wiirully  neglects  to  perform  such  (lul\  or  who 
wilfully  perfoi-ms  it  in  such  a  way  as  to  hinder  the  object  of  the 
Jfno7',V  550.  V 4.  provisions  of  this  title,  shall  be  fined  five  hundred  dollars;  but 
]r'hsl  p'.'r.o.  fhe  provisions  of  fliis  section  shall  not  apply  to  a  public  oflicer 
upon  whom  a  duty  is  imposed  by  fhe  ])rovisions  of  chapter  ten. 


v.  S.  §  5124. 
1802,  No.  1,  § 
1 890,  No.  0.  § 
R.  I..  §  4298. 
G.  S.  1,  S  72 
R.  R.  1.  §  60. 

No.  11.   §  11 


Chai>.  17.]  PENALTIES.  1.3.5 

Penalties  upon  Voters. 

Sec.  227.     Voter  casting  more  than  one  ballot.     A  legal  v.  s.  §  siii. 
voter  -who  knowingly  gives  in  at  an  election  more  than  one  ballot  o!  s."  i,  §  Qi'. 
at  any  one  time  of  balloting  for  the  same  office  shall  be  fined  not  u.  f.  i'^'^^gV' 
more  than  one  hundred  dollars,  if  the  offense  is  committed  at  a  Jggo"  '^^'o^-n't  12 
general  election,  and  not  more  than  ten  dollars,  if  the  offense  is  Jf  ^i'^oE-  ^'^l:. 
committed  in  town  meeting,  in  Avhich  last  case  the  offender  shall  it9.^  p!  17. 
be  prosecuted  l)y  the  town  agent  and  the  penalty  shall  go  to    '    '    '  ^' 
the  town. 

Sec.  228.  Voter  showing  ballot,  etc ;  interference  with  v.  s.  §  5121. 
voter.  A  voter  who,  except  in  cases  of  assistance  as  provided  in  iloo,'  No.  l]  §  I*' 
this  title,  allows  his  ballot  to  be  seen  by  another  person  with  an 
apparent  intention  of  letting  it  be  known  how  he  is  about  to 
vote  or  makes  a  false  statement  to  the  presiding  officer  at  an 
election  as  to  his  inability  to  mark  his  ballot  or  places  a  distin- 
guishing mark  on  his  ballot,  or  a  person  who  interferes  with  a 
voter  when  inside  the  giiard  rail  or  who,  within  the  building  in 
which  the  voting  is  proceeding,  endeavors  to  induce  a  voter  to 
vote  for  a  particular  candidate,  shall  be  fined  fifty  dollars.  It 
shall  be  the  duty  of  the  election  officers  to  see  that  the  offender 
is  duly  prosecuted. 

Sec.  229.  Voting  in  more  than  one  town.  A  person  who,  v.  s.  §  5115. 
on  the  same  day,  votes  in  more  towns  than  one  for  the  same  of-  o.  s.'  1,  §  70! 
ficers  shall  be  fined  not  more  than  one  hundred  dollars.   42  vt.  399.  l%{k  p  ^130 

Sec.  230.     Voter  omitted  from  list  voting  in  another  town.  v.  s.  §  5118. 
A  person  resident  and  entitled  to  vote  in  a  town  in  which  a  Istg;  yo.^tt'. 
check-list  of  voters  has  been  made  previous  to  an  election,  whose 
name,  through  his  neglect,  is  not  entered  thereon,  who  votes  in 
another  town  at  such  election,  shall  be  fined  not  more  than  two 
hundred  dollars. 

Miscellaneous. 


Sec.  231.     Perjury    before    board    making    check-list.     A  v.  s.  §  5120. 

7. 


person  who  knowingly  swears  falsely  to  a  fact  or  matter  which  isgg.'  no.  is,"  § 
may  be  the  subject  of  incpiiry  by  the  board  of  civil  authority  in  ""^  ^'^-  •^-^"• 
revising  the  check-list  as  provided  in  this  title  shall  be  guilty 
of  perjurj^  and  imprisoned  in  the  state  prison  not  more  than 
fifteen  years  and  fined  not  more  than  one  thousand  dollars. 

Sec.  232.     Procuring    wrongful    change    in    check-list.     A  v.  s.  §  5119. 
person  who,  directly  or  indirectly,  procures  or  causes  to  be  pro-  isec.'  no.''*i5,  g§  5, 
cured  or  aids  in  procuring  the  name  of  a  person  to  be  inserted     ^" 
on  a  check-list  of  voters,  knowing  such  person  not  to  be  a  voter 
in  the  town  for  which  such  list  is  made,  or,  directly  or  indirectly, 
procures  or  causes  to  be  procured  or  aids  in  procuring  the  name 
of  any  person  to  be  erased  from  such  list,  knowing  him  to  be  a 
legal  voter  in  such  town,  shall  be  fined  not  more  than  one  hun- 
dred dollars  to  the  use  of  the  town. 

Sec.  233.     False  answer  as  to  right  to  vote.     A  person  who  v.  s.  §  sue. 
knowingly  gives  a  false  answer  or  information  to  the  presiding  q;  s.'  1.  t'es! 
officer  at  a  general  election,  or  the  authority  present  to  decide  ^'  ^-  ^'  ^  ^^■ 
upon  the  qualifications  of  voters,  touching  a  per.son's  right  to 


136  PENALTIES.  [Title  3. 

vote  at  such  election,  shall  be  fined  not  more  than  one  hundred 
dollars. 
V.  s.  §  51(1!).  Sec.  234.     Unqualified  person  voting.     A  person  who  votes 

1874^  No."58,'  §  2.      at  a  tovvn,  village  or  school  district  meeting  or  a  general  election 
R.  f.  i',  I  6s.  fo^  3^  officer  to  be  elected  at  such  meeting  or  election,  knowing 

r\^70t?p.^55I,  "§'?.  ^^^*  ^^  ^^  ^^^  ^  qualified  voter,  shall  be  fined  not  more  than  one 

hundred  dollars.      i:.  its?,  p.  si.         1793,  p.  17. 

V.  s.  g  5110.  Sec.  235.     Same.     A  person  who  personates  another,  living 

1884.  No.  Gi,  §  1.     Qj.  (jgjj^i^  j^jj(j  gives  or  offers  to  give  a  vote  in  the  name  of  such 

other  person,  or  gives  or  offers  to  give  a  vote  under  a  fictitious 

name,  at  a  town,  village  or  school  district  meeting  or  a  general 

election,  for  an  officer  to  be  elected  at  such  meeting  or  election, 

shall  be  imprisoned  not  more  than  one  year  or  fined  not  more 

than  one  hundred  dollars. 

v.  s.  §  5112.  Sec.  236.     Aiding  unqualified  person  to  vote.     A  person 

g!  s."  1,  fr,9.  who  wilfully  aids  or  abets  a  i)or8()n  who  is  not  a  voter  in  voting 

R.  s.  1,  §  GO.  Qj.  attempting  to  vote  at  a  general  election  shall  be  fined  not 

more  than  one  hundred  dollars. 
V.  s.  §  511.'?.  Sec.  237.     Bribery;    threats;    undue    influence.     A    person 

g!  s.'  1,  V^i.  ^^'^^  attempts  by  bribery,  threats  or  any  undue  influence  to  dic- 

183I"  i'o^  11'  §  1*^    ^^^^'  control  or  alter  the  vote  of  a  freeman  about  to  be  given  at 

P-A"^^^'  P-  ^^^*^'  §  ^-  a  general  election  shall  be  fined  not  more  than   two  hundred 
179.-?,  p.  17,  §  4.  ?     . 

32  vt.  54G.  dollars. 

V.  s.  §  5114.  Sec.  238.     Giving  intoxicating  liquor  to  voter.     A  person 

g!  s.'  1,  \~it'.  who,  directly  or  indirectly,  gives  intoxicating  liquor  to  a  free- 

man with  intent  to  influence  his  vote  at  an  election  specified  in 
the  preceding  section,  or  as  a  reward  for  the  same,  shall  be  fined 
not  more  than  two  hundred  dollars. 
V.  s.  §  5122.  Sec.  239.     Destroying  list  of  candidates;  hindering  voting. 

i89oi  No!  0!  §  35!  A  person  who,  prior  to  an  election,  wilfully  defaces  or  destroj's 
any  list  of  candidates  posted  in  accordance  with  law,  or,  during 
an  election,  wilfully  defaces,  tears  down,  removes  or  destroys  any 
card  posted  for  the  instruction  of  voters,  or,  during  an  election, 
wilfully  removes  or  destroys  any  of  the  supplies  or  conveniences 
furnished  to  enable  a  voter  to  prepare  his  ballot,  or  wilfully  hin- 
ders the  voting  of  others,  shall  be  fined  fifty  dollars. 
V.  s.  s  5123.  Sec.  240,     Destroying  certificates  of  nomination,  etc.     A 

i89oi  No.  9,  I  's(i.  person  who  falsely  makes  or  wilfully  defaces  or  destroys  any 
certificate  of  nomination  or  nomination  paper,  or  any  part 
thereof,  or  any  letter  of  withdrawal,  or  files  a  certificate  of  nomi- 
nation or  nomination  paper  or  letter  of  withdrawal,  knowing  the 
same,  or  any  part  thereof,  to  be  falsely  made,  or  suppresses  any 
certificate  of  nomination  or  nomination  paper,  or  any  part 
thereof,  which  has  been  filed,  or  forges  or  falsely  makes  the 
official  indorsement  upon  a  ballot,  or  wilfully  destroys  or  defaces 
a  ballot,  or  wilfully  delays  the  delivery  of  ballots,  shall  be  fined 
one  liiindi'cd  dollars. 


R.  S.  1,  §  72 
1806,    p.    14 


r-   * 


INDEX. 


ADDITIONAL  POLLING  PLACES,      sec. 

155-165 
(jScc  iN»iiiiif;  pisifCN:  Additional.) 

ADJOURNMENT, 

General  election  not  adjourned  until,  184 

ADVERTISING, 

Candidacy,  provisions  as  to, 105-107 

ALLEGIANCE,  OATH  OF, 

Required  after  removal  and  non-resi- 
dence        69 

AMENDMENTS,  CONSTITUTIONAL, 

Proposed,     placed    on    ballots    how; 
voted  on  how,  138,  177 

ASSISTANT  CLERKS, 

Additional    pollini;    places;     duties,    160, 

162-164 

Appointment 160,  172 

Caucuses,  duties  at 129 

Checking  names,   129,  172,  173,  179 

Counting  and  returning  votes,  duties 

as  to, 162,  163,  183,  187,  192,  201 

Election   officers   include,    16G 

Pay,    129,   170 


BALLOT  BOXES,  sec. 

Additional  polling  places 157,  163 

Additional  sets  of,   151,  173 

Furnisliing    of;    designation;     color; 

custody 154 

Notice  given  before  turning,  when,..   183 

Number  to  be  opened, 151,  154 

Turning  before  time,  penalty  for,   . .  225 


BALLOT  CLERKS, 

Additional  polling  places,   160 

Appointment;     vacancies;     disqualifi- 
cations,    128,  160,  168 

Ballots  delivered  to  voters  by,   17C 

Caucuses,  town  committee  to  appoint 

for,  128 

Checking  names  of  voters,   17G 

Counting  and  returning  votes,  duties 

as  to, 162,  171,  183,  187,  192,  201 

Duties,   generally,    171 

Election  officers  include,   166 

Pay,    170 

Substituted  ballots  used  by  direction 
of,  when,    146 

BALLOTS, 

ADDITIONAL   POLL.IXG   PLACES, 

furnishing,    158 

preservation 164 

sealing,    163 

Australian     sj'stem     not    to     apply, 

when,  182 

Ballot  clerks  to  have  charge  of, 171 

Blank  spaces  for  voting 136,  139 

Blocks  of  one  hundred,  furnished  in,  143 

Candidates  may  select  party, 135 

Cards  of  instruction  to  be  furnished 

and  posted,    147 

Caucus  law,  how  prepared  and  fur- 
nished under 127 

Color  and  general  requisites,  133 

Constitutional       amendments,       how 

placed  on;  voting 138,  177 

Deficiencies  supplied  how,    146 

Delivery  to  voter 176 

Expense  of  printing  and  distributing 

paid  by  whom 131 

Folding  and  delivery  of,  by  voter,  . .   179 

FORM, 

blank  spaces  for  marking 136,  139 

constitutional   amendments,    138 

generally,  133,  134 

indorsements;   void  without,   ..140,  181 
local  elections,    137 

*This  pamphlet  contains  the  general  law  relating  to  elections,  as  included  in  Title  3  of  the  Pub- 
lic Statutes.  Certain  provisions  relating  to  this  subject,  not  appearing  herein,  will  be  found  in  the 
Constitution,  and  elsewhere  in  the  Public  Statutes. 


ASSISTANT    JUDGES 
COURT, 


OF    COUNTY 


Canvassing  votes  for  representatives 

to  congress,  duties  as  to,  214 

County  officers  include,   65 

ASSISTING  CLERKS, 

Additional  polling  places,   160 

Appointment;    pay,    160,  169,  170 

Duties, 169,  178 

Election  officers  include,    166 

ATTORNEY  GENERAL, 

Canvassing  votes  for;   no  choice,   ...   199 
State  officers,  included  in,    65 


AUDITOR  OF  ACCOUNTS, 

Canvassing  votes  for;  no  choice, 
State  officers,  included  in,   .... 


199 
65 


AUSTRALIAN  SYSTEM, 

Not  to  apply,  when,   182 


EALLOTS,  ('o)iliinied, 

FORM,   Conlhuicd, 

party  columns,   13G 

vaciincy  .supplied,  how  uisltIcmI  on 

ballot.    141 

Inspection,  when  to  be  ready  for,  . .  132 
List    of    those    cast    filed    in    town 

clerk's  office,  when;  evidence, 160 

Lost,  stolen  or  insufficient,  how  sup- 
plied,       146 

Marking,  by  voter,    177,   178 

Nominations   arranged   on,   how,   134-137 
Number      furnished      each      polling 
place,    144,   158 

PEIVALTIES, 

false  statement  of  inability  to 
mark,     228 

forging  indorsement  on;  destroy- 
ing or  delaying  delivery,  240 

placing  distinguishing  mark  upon,  228 

showing  ballot  with  intent  to  dis- 
close for  whom  cast,   228 

Preservation  of  those  cast,  .  .104,  181,  190 

Presiding  officer  to  produce,    17-5 

Printed    and    distril)uted    by    whom; 

expense,     131 

Hejected,  when;    marking;    preserva- 
tion,         181 

Sample  ballots;    posting,    142,  147 

Sending  to  polling  places;  receipt,  ..  145 
Spoiled  or  unused,  disposition  of,  .  . .  180 
Vacancies  filled,  how  placed  on,   ....   141 

Voting,  process  of, 1 75-179 

(fSec    Votiiis»    Process    of.) 

BLANKS, 

Caucus  ballots,    127 

Certificates  of  intention Ill 

Secretary  of  state  to  furnish  certain,  198 

BOARD  OF  CIVIL  AUTHORITY, 

{Sec    Civil   Aiitliority,    i*oar<l   of.) 

BOOTHS, 

Polling  places  provided  with,  152,  153, 157 

:bribery, 

Attempting  to  control  votes  by, 237 

Candidates  for  nomination  to  public 

office,  by,    104-107 

Caucuses 124,  130 

CANDIDATES, 

Arrangement  of  names  on  ballots,  134-137 
Disqualifications  as  election  officers,  167, 

168,  174 
J^ominated  by  more  than  one  party, 

may  select 135 

Ivlomination    of,    91-102 

{8CG   IVoiiiliiations.) 

Payment  of  money  to  secure  nomina- 
tion prohibited;  exceptions;  pen- 
alty  104-107 


INDEX. 

SEC.     .CANVASSING  VOTES, 


SEC. 


(  iSV'C    (iJsO    fount  iiin'    Jiinl    Kt'tiiriiiiiu' 
A'ote.s. ) 

C  A  N  A'  A  S  S I  V  a    L'  O  A  R  D  S , 

general  elections, 162,  171,  183,  192 

local   elections,    201 

presidential  electors,  at  election  of,  220 
special  election  of  congressman,..   213 

CAXA  ASSING  COMMITTEE, 

certificates  called   for  by;    disposi- 
tion,   198,  200 

depositions     before,     in     contested 

elections 205 

representatives  to  congress,   ...208-210 

state   officers,    199 

votes  cast  may  be  called  for, 190 

County  officers,   192,  193 

Local   elections 201 

Presidential  electors 219-221 

Representatives  to  congress 208-216 

Representatives  to  general  assembly, 

162,  183 

Senators 193 

State  officers 187,  199 

CARDS  OF  INSTRUCTION, 

Clerks  to  furnish;    posting,    147 

CAUCUSES,  REGULATION  OF, 

128 

127 


Ballot    clerks;    appointment;    duties. 

Ballots   furnished    how;    size,    color, 

etc.,    

CERTIFICATES    OF   INTENTIOIV, 

blanks  for;    form,    

conclusiveness  of 

filing;   clerk's  fees,    

listers'  duties  as  to, Ill, 

petition  for  use  of,   

voter  to  make,  when;  effect  of  fail- 
ure,      

Certificates  of  names  of  committees; 
conclusiveness;    objections,    ...108, 

i'lll'^CK-I-ISTS, 

ali)hal)etical   list,  wlieii:    form,  116, 

checking  names  on,    

conclusiveness  of,    

five  per  cent  of  voters  may  request 

use  of,  

lodged  with  clerk  when  cliecked,   .  , 
names    must   be  on    to    qualify    to 

vote,     

party  list,  when;   form 115, 

residence  stated;   posting 

revision    of;     hearings;     jiowers    of 

board,     118- 

selcctmen  to  prepan*.  wlien 

lMO\.\l/riES, 

bribery 124, 

generally 


Ill 
120 
113 
112 
112 

112 
109 


117 
129 
122 

110 
129 

122 
117 

117 

121 
114 


130 
130 


CAUCUSES,    REGULATION    OF, 

ConUnued, 


INDEX. 

SEC 


PENALTIES,   Continued, 

illegal  voting 123,  130 

Time  for  holding,    125,   12G 

CERTIFICATES, 

Appointments  to  l)()anl  of  civil  au- 
tiiority 76 

Executive  or  general  party  commit- 
tees, names  of;  conclusiveness;  ol)- 
jections,    1  OS,  109 

Voter  to  procure  to  enable  voting  in 
another  town,   72 

CERTIFICATES  OF  ELECTION, 

Representatives  to  general  assem- 
bly,     185,   18G 

CERTIFICATES  OF  VOTES, 

Blanks  for,  secretarv  of  stale  to  fur- 
nish  " 198 

County  officers;    form 194-19G 

Presidential  electors;    loriii;   canvass, 

218-221 

Representative  to  congress;  form; 
canvass;   disposition,  188-191,  208,  209, 

212-21C 

Secretary  of  state's  duties  if  not  re- 
ceived ;    copy,  197 

Senators;  form;  canvass,  194,  195 

State  officers;  form;  canva'-s;  dispo- 
sition,    188,  189,  191,  198-200 

CERTIFICATES  OF  NOMINATION, 

Destroying,    penalty    for,    240 

Form,  requisites,  filing,  etc., 91-102 

{See  Nominations.) 


CHALLENGES, 

Right  to  have  name  on  check-list, 

CHECK-LISTS, 


81 


Caucuses,  check-lists  for, 110-122 

{Sec      Cancnses,      Refill"  t  ion      of: 

Check-Lists.) 

GENERAL,  ELECTIONS, 

additional  polling  places,  156,  158,  159 
additions     and     corrections     made 

how 79,    83 

ballots    given    to    persons    whose 

names  are  on,  176 

certified  copies  for  polling  places, 

159,  171 

checking  names,   172,  173,  176,  179 

conclusiveness  of  list S3,   159 

congressmen    and   electors,    list   at 

election  of,  82 

erasure  of  names  from,   79,  81 

filing;   evidentiary  force 84,  159 

name  on,  qualifies  to  vote;   limita- 
tion  83,   159 

provisions    of   chapter    S    apply    to 
villages,    87 


3 

SEC 


CHECK-nSTS,  Continued, 

GENERAL  ELECTIONS,   Continued, 

revision    of;    hearings;     notice,    77-79, 

81-83 
selectmen    to    prepare;     contents; 
posting,   75,  156,  159 

Siil»-«li vixlon   of, 

additional  polling  places  estai)- 
lished 156,  158,  L59 

additional  sets  of  ballot  boxes 
opened 151 

unorganized  towns  and  gores 80 

voters  becoming  of  age  before  elec- 
tion,         79 

l-OCAL     ELECTIONS, 

checking  names 172,  176,  179 

conclusiveness  of 90 

contents,  posting  and  filing,   85-87 

name  on,  qualifies  to  vote,  90 

provisions   of   chapter    8    apply    to 

villages, 87 

revision;     hearings 88,    89 

special  meetings,    89 

PENALTIES, 

swearing  falsely  in  hearing  on,   . .   231 
voting   in  other  town   when  name 

omitted  from,    230 

wrongfully  causing  name  to  be  in- 
serted or  erased 232 

CITIES, 

Australian  ballot  not  to  apply  to  cer- 
tain meetings  of,  unless  so  voted,  182 

Civil  authority,  board,  of,  constituted 
how,   66 

Duties  of  officers,  generally, 

(See  corresponding  town  officers.) 

Election  officers,  generally 166 

CITIZENS, 

Who  are,   67,  69 

CIVIL  AUTHORITY.  BOARD  OF, 

Additional    pidling    places,    establish- 
ment and  equipment  of 157 

Additional  sets  of  ballot  boxes,  pro- 

visi(ms  as  to, 151 

Appointment  to,  when  party  unrepre- 
sented; certificate 76 

Approbation  of  voters  by 74 

Assisting  clerks  appointed  by,   ..160,  169 
Ballot   boxes,    number   of  designated 

b.v,    151 

Ballot  clerks  appointed  by 160,  168 

Ballots  rejected  by,  when;   record,    .  181 

CANVASSING    VOTES. 

county  officers 163,  192 

duties  as  to,  generally,  171 

local  elections,    201 

representatives    to    general    assem- 
bly  162,  183 


iNi)i:x. 


CIVIL  AUTHORITY,  BOARD  OF,       sec. 
Continued, 

CAXVASSI^'G    A'OTES,    Vuntiiiuril . 

state  officers  and  representatives  to 
congress,    1G3,   1S7 

<'HKCK-I.ISTS,   niTIKS   AS   TO, 

caucus    check-lists,    118-121 

general  elections,   .7G-79,  81,  82 

local  elections,    87-89 

sub-division    of,     when    additional 

sets  of  boxes,    151 

Clerks  and  inspectors  for  additional 

polling  places  appointed  by,    IGO 

Counting  and  returning  votes,  duties 

as  to 1G2,  1G3,  183,  187,  192,  201 

Defined,     GG 

Ehntion  officers  include IGG 

Inspectors  of  election  appointed  by,.    IGO 
Polling  places,  duties  as  to  location 

and   equipment 151-154 

Political    representation;     powers    of 

appointees 7G 

"Villages,  duties  in 87 

Votes  received  by,  when, 173 

COMMITTEES, 

Ballot  clerks  for  caucuses  appointed 

by  town  committee,   128 

Canvassing  committee, 

(Sec    CanvasNiiiK"  "\'«>tes.) 

KXECl  T!A  K     <)ll     GEXERAI,    COM- 
MITTEE:, 

caucuses,  time  for  holding  fixed 
by 12G 

certificates  of  names  of;  conclusive- 
ness; objections, 108,  109 

Nominations  by,   91,  92,  100 

(Sec    Xoiiiiimtioiis.) 

CONSTABLES, 

List  of  candidates  posted  by 103 

Polling  i)laces  equipped   by,   152-154,  157 
Presiding  ollicers  at  general  elections,  1G7 

(See    I'rfNidiiiK-   OfHfers.  ) 

Warning  elections;    jiosting,    ....149,   217 

CONSTITUTIONAL  AMENDMENTS, 

Ballots,  how  placed  on,   138 

Voting  on,   manner   of,    177 

CONSTRUCTION  OF  STATUTES, 

Board  of  civil  authority,    CG 

Citi/.ens G7,  G9 

County    officers,    G5 

Electors G5 

Residence,     G8-73 

Separate    polling    places,    in    case   of 

additioiKil   boxes 151 

State   ofTi<-ers G5 

CONTESTING  ELECTIONS, 

Representatives  to  general  assembly, 
notice  before  contesting  election  of,  202 


CONTESTING    ELECTIONS,    Con-      sec. 
tinuecl, 

Testimony,    2O3-20G 

Witnesses;   fees,   207 

CONVENTIONS, 

Nominations  l)y 91,  92 

( /S'CC    >p«n»>iii:«li<»iis.  I 

COUNTING     AND     RETURNING 
VOTES, 

Additional   polling  i)laces 1G2,   1G3 

Assistant    clerks'    duties,    1G2,    1G3,    183, 

187,  192,  201 
Ballot   cl(>rks'   duties,   1G2,    171,    183,   187, 

192,  201 
Civil  autlioritv's  duties,  7G,  171,  183,  187, 

192,  201 
County  officers;    certificates,  1G3,   192-196 

198,  200 

Ijocal   elections,    201 

Presidential  electors;  certificates,  217-219 
Representatives  to   congress;    certifi- 
cates,     187-191 

Representatives    to    general     assem- 
bly,     162,   183 

Secretary  of  state's  duties  if  certifi- 
cates not  received 197 

Senators,     193 

State   officers;    certificates,    187-191 

198,  200 

COPIES,  CERTIFIED, 

Check-list 84,   159.  171 

Presidential    electt)rs,    certificates    of 

votes    for,     219 

Votes     cast     at     additional      polling 

places,    IGO 

CORRUPTION, 

Nomination,   corrupt    practices   to  se- 
cure  104-107 

COUNTY  CLERKS. 

H  ALLOTS. 

blocks  of  one  hundred  each,  14:5 

cards  of  instruction  as  to 147 

form,   etc.,    133-13G,    138-141 

number   furnished,    144 

printed    and   distributed    by    direc- 
tion of;   expense 131 

ready   for   insi)ection,   when 132 

sample  ballots  furnished 142,  147 

sending  to   polling   places 145 

spoiled  and  unused,  preserved  by,  .  ISO 

Certificates   of   nomination    filed    and 

preserved   by 9G-9S 

Lists  of  candidates  furnished   by,    .  .    103 
Representatives  to  congn^ss,  canvass- 
ing  vot(>s    for    :it    siH>cial    (>]ertions, 

2i:;  21G 

COUNTY  OFFICERS. 

Ballots  cast  for,  prest>rvalion  of 190 

Counting    and    returning    votes    for; 
certificates 192-19G 


INDEX. 


COUNTY  OFFICERS.  ('<>,ili,iH<(h       sfx. 

Defined G5 

Returns  of  votes  tabulated  by  secre- 
tary of  state,  19S 

Unorganized  towns  and  gores,  resi- 
dents vote  for  where,    SO 

CREDENTIALS, 

Representatives  to  general  assembly, 

185,  186 

•♦ 

COUNTY  COURTS,  JUDGES  OF, 

Canvassing  votes  for  representative 
to    congress,    214 

County  officers  include  assistant 
judges,     G5 

DECLARATIONS  OF  INTENTION, 

Students  may  make,  for  voting  pur- 
poses,         73 

Voters  may  make  to  retain  residence,     71 
Voters  to  make,  under  caucus  law,  if 
petitioned    for,    112 

DEFINITIONS, 

(<Srr    C"oiis<rin'li«»ii    of    Slatiitt's.) 

DEPOSITIONS, 

Contested  elections,    205,  20G 

ELECTION  OFFICERS, 

Additional   polling  places 160 

Penalties  for  offenses  by,   224-220 

Prosecution  of  offenders  against  pur- 
ity of  election,   228 

Who  are,  generally,    166 

iSce  particular  officers.) 

ELECTORS, 

Construed 65 

Election  of,  etc 217-223 

{Sec   Presidential   Eleetors. ) 

EVIDENCE, 

Check-list  at  general  elections,   84 

Contested  electicms 203-207 

Votes  at  addition;il  polling  places,   .  .    160 

FEES. 

Assistant,  ballot  and  assisting  clerks,  170 

Presidential  electors,    223 

Town  clerks  filing  certificates  of  in- 
tention,      113 

Witnesses   in   contested   elections.    .  .  207 

FORMS, 

BALLOTS, 

constitutional  amendment  proposed,  13S 

general  elections 133-136,  139-141 

local   elections,    133.   137 

Cards  of  instruction,    147 


5 

SEC. 


FORMS,  Continued, 

CAUCUS    LAW, 

alphabetical   check-list 116,   117 

certificates  of  intention,    Ill 

party  check-list, 115,  117 

Certificate  of  election  of  town  repre- 
sentative    185 

Certificates  of  nomination, 92,  94 

cKitTii'MCATios  OF  vote:s. 

county    officers 196 

presidential  electors,  218 

senators,     194 

state  officers  and  congressmen,   ...  191 

FREEMEN'S  OATH, 

Administered    at    hearings"  to    revise 

check-list 79 

Required,    69,    74 

GENERAL  ASSEMBLY. 

CAXVASSI.NG    COMMITTEE, 

congressional   districts 208-210 

depositions  before;  requisites 205 

state  officers 199.  200 

Contested  elections,  provisions  as 
to,    202-207 

GENERAL  ELECTIONS, 

Adjournment  forbidden,  until,    184 

Ballots,  printing  and  distribution  of, 

131,  132 

{See   Hallot-s.) 

Check-lists  at 75-84,  156,  158,  159 

Counting  and  returning  votes  at. 

{See      Coiintiiig,-     ancl      RetiirniiiK- 
Votes.) 

Defined, 

(See  P.  S.  sec.  J.) 

Presiding  officers 167 

Qualifications  of  voters  at,  68-74 

Warning  of 148,  149 

GOVERNOR, 

iMember  of  canvassing  board  for  elec- 
tors appointed  by,  when,  220 

Special  election  for  congressman  pro- 
claimed by,  when 211,  216 

State  officers,  included  in,    65 

GUARD  RAILS, 

Permission  within,  restricted,   166 

168,  179 
Polling  places  provided  with.    .  .153,  157 


HIGH  BAILIFFS, 

County  officers  include, 

HOSPITALS. 


65 


Inmates'    residence    for    voting    pur- 
poses not  affected 73 


INSANE, 

Residence  of.  for  voting  purposes, 


73 


iNI)I< 


SEC. 


INSPECTORS  OF  ELECTIONS. 

AppointmcMit :    duties:    oatli IGO 

Counting  iind  n'turnin,t,'  votes, 1C2 

Election   officers    include,    1(JG 

INTOXICATING  LIQUOR, 

Giving  to  influence  vote,  penalty,    .  .   2:;s 

INVENTORIES, 

Caucus  law.  use  under Ill,  112 

JUDGES  OF  COUNTY  COURT, 

Canvassing  votes  foi-  conLrressmau,  to 
assist  at.  when 214 

County  officers  include  assistant 
judges 65 

JUDGES  OF  PROBATE, 

County  officers  include,    65 

JUSTICES  OF  THE  PEACE, 

Board  of  civil  autliorit.y,  members  of,     6G 
KI-ECTIOX    OF, 

ballot  boxes  for 154 

ballots    for,    to    be    furnished    by 
tovi^n;   color,  number,    ..131,  133.  144 

county  officers  include, 65 

nominations   for,    on    sei)arate    bal- 
lot     134 

voters'  qualifications, (IS,  75,  83 

Presiding  officers  at  general  electicnis, 
when;   disqualifications 1G7 

Town  clerk's  duties  pei-formed  by, 
when 171 

LIEUTENANT-GOVERNOR, 

Board  to  canvass  votes  for  elertors, 

mendier  of;  duties 220,  221 

State  officers,  included   in 65 

LISTERS, 

Caucus  law,  duties  under,   Ill,  112 

LOCAL  ELECTIONS, 

Austi-alian  syslem  not  to  apply,  when,  1S2 
Ballot  boxes  for,    154 

UAI,I-OTS, 

form 1 ;;:',.  134,  137 

printing  and  distribution 131,  132 

Canvassing  votes   at,    201 

Check-lists    at,    85-90 

Defined, 

(See  P.  S.  src.  r,) 

Moderator  to  ])reside 1(17 

Warning  of,    14.S,   150 

MAYOR  AND  ALDERMEN, 

Civil  authority,  mendfcrs  of  board  of,     66 

MODERATORS, 

I'residing   offiicrs    al    local    elections,  167 


;x. 

NEWSPAPERS,  SEC. 

Paid  su|)i)ort  of  candidates  forbid- 
den;   penalty 106,  107 

NOMINATIONS, 

Ballots,  how  placed  on,  134-137,  139,  141 
Bribery,    etc.,    to   secui'e,   prohibited; 
penalty,  104-107 

iJV  nouTiKicA'rr:  ov  \ otkks, 

certification   of  state   nominations,     99 
filing    and    preservation    of   certifi- 
cates  96,   97 

lists  of  candidates;  posting,   103 

one  per  cent  may  make,   93 

requisites   of   certificate,    94„  95 

vacancies    filled    how;     new    name 

placed   on    ballot   how,    100,    101,   141 
validity;    ol)jections;    notice;    deci- 
sion,       102 

IIV  ('ON\  lO.VTIOV  <H{  <  OMMIT- 
TEK, 

certificate,    requisites    of,    92,    95 

certification   of    state   nominations,     99 
filing   and    preservation    of   certifi- 
cates,     96,   97 

lists  of  cai^idates;  posting,  103 

power  to  make,    91 

vacancies    filled    how;     new    name 

placed  on  ballot  how,   ..100.  101,  141 
validity   of  certificate;    objections; 
notice;    decision,    102 

NOTICE, 

(•HECK-I.ISTS, 

caucus  lists,  revision  of 118,  121 

erasiire  of  names  from 79,  81 

hearings  for  revision  of,  77,  78,  82,  89 

Contesting  elections;  taking  testi- 
mony, etc 202-205 

Objections  to  certificate  of  nomina- 
tion     102 

Presidential  electors,  election  of,   ...   220 

Presiding  officer  to  give  before  box 
turned,  when,    183 

Representative  to  congress,  election 
of,  or  no  choice 208,  210 

Warning   elections 148-150 

Withdrawal    from    nomination 100 

OATHS, 

Allegiance,  oath  of,  taken  when 69 

Board  of  civil  aulhoritv  may  admin- 
ister,     79,   88.   231 

Canvassing  board  in  special  ehHtion 
of  congressman 214 

Constitution  of  the  United  States, 
oath  to  support,  taken  when 69 

KHKinilOX'S, 

administered  at  hearing  on  check- 
list,          79 

board  of  civil  authority  to  api)rov(> 
taking 74 

voter   losing   residence,    must    take,     69 


INDEX. 


OATHS,  Continued, 


SEC.    I   PENALTIES,  Continued, 


SEC. 


Ofl5cers  at  additional  polling  places,  IGO 
Perjury  before  board  ol;  civil  author- 
ity    231 

Revision  of  check-list,  by  board  of 
civil   authority,    79,   88,   231 

PAUPERS, 

Residence  for  voting  purposes,   73 

PENALTIES, 

Aiding  person  not  a  voter,  to  vote, . .   236 
Attempting  to  influence  voter  in  vot- 
ing places,   228 

BAl,I>OTS, 

destroying  or  delaying  delivery  of,  240 
forging,    or    making    indorsements 
on,     240 

showing,  marking,  or  making  false 
statement  as  to  ability  to  mark,  228 

Bribery  at  caucuses,   124,  130 

Bribing,  intimidating,  etc.,  to  con- 
trol vote,    237 

CANDIDATES    FOR    AOMINATIO-V, 

corrupt  practices  by, 104,  105,  107 

newspapers  supporting  for  pay,   . . 

106,   107 
Cards  of  instruction  as  to;    posting,  147 

CAUCUS    LAW, 

bribery 124,  130 

generally,    130 

voting   at   another   party's   caucus, 

123,  130 
Certificate  of  nomination,  etc.,  falsely 
making  or  defacing,   240 

CHECIv-UISTS, 

procuring  wrongful  insertion  or 
erasure  of   name,    232 

swearing  falsely  before  board  re- 
vising,       231 

voting  in  other  towns  when  name 
omitted    froni:     230 

Corrupt  practices  to  secure  nomina- 
tion  104-107 

Defacing  or  destroying  list  of  candi- 
dates, or  election  supplies,   239 

Falsely  making,  defacing,  etc.,  cer- 
tificate of  nomination,  etc.,    240 

Forging,  making,  etc.,  indorsement 
on,  or  destroying  or  delaying  de- 
livery of  ballot,    240 

Giving  false  answers  to  presiding  of- 
ficer,     233 

Intoxicating  liquor  given  to  influence 
vote 238 

Neglect  of  duty  by  public  officers,  . .   226 

Newspapers  supporting  candidacy  for 
pay,    106,    107 

Nomination,  paying  money  to  secure; 
exceptions,   104,  105,  107 

PRESIDIIVG  OFFICERS, 

receiving  illegal  vote 224 

turning  box  before  time, 225 


Pi'ocui'ing  wrongful  insertion  of 
name  or  change  in  check-list 232 

Prosecution  of  offenders,    227,  228 

Showing,  marking,  or  making  false 
statement  as  to  ability  to  mark 
ballot,    228 

Voter  omitted  from  check-list,  by  his 
fault,   voting  elsewhere,    230 

AOTI.VG, 

in     another     town,      when     name 
omitted  from  check-list 230 

in  another's  name 235 

in    more    than    oue    town    for    the 
same  oflacer,    229 

more  than  once  for  the  same  offi- 
cer,      - 227 

when  not  qualified,   234 

Wilfully  hindering  a  voter,    239 


PERJURY, 

Before  board  revising  check-list, 

PETITIONS, 


231 


Additional  polling  places,  voters  may 

petition  for,  155 

Caucus  check-list,  for  use  of,   110 

Certificates  of  intention,  under  cau- 
cus law,  for  use  of 112 

POLITICAL  PARTIES, 

Ballots  at  general  elections,  arrange- 
ment of  names  on,    136 

Ballots  for  caucuses  furnished  by,   .   127 

Candidate  nominated   by  more  than 
one,  to  elect  which  he  represents,  135 

Caucus    check-list,    arrangement    of 
names  on,    115 

Caucuses,    date    of    fixed    by,    when; 
•time,   125,  126 

Designated    how,    in    certificates    of 
nomination,    92,  94,  95 

Election  officers  appointed  from,  128,  160, 

168,  169 

Names  of  committees  certified;    con- 
clusiveness;   objections,    108,   109 

Representation  on  board  of  civil  au- 
'        thority;  powers  of  appointees,  ....     76 

POLLING  PLACES, 

ADDITIO-VAI,, 

assistant  clerk  at;   duties,  160,  162-164 
assisting  clerks    and    inspectors,    .   160 
ballot   boxes,    sealing   and   disposi- 
tion of,    163 

ballots  for,  furnished  how,   158 

ballots,  preservation  of,    164 

certificates    of    election    signed    by 

whom,    186 

check-list  for,   156,  158,  159 

counting  and  returning  votes  at,  . . 

162,  163 

equipment 157 

general  laws  apply,    165 

inspectors  of  election,   160,  162 


IXDKX. 


POLLING  PLACES,  Continued, 

ADDITION  A  I,,    Continued, 
presiding  officers  at;    duties, 


SEC.    ;    PRESIDING  OFFICERS,  Continued,  sec. 


IGO 

1G3,  1G4 

record  of  votes  cast  at;    evidence,  ICO 

selectmen  may  locate 155 

towns  of  two  or  more  villages  may 

have,    155 

voting  at,   1  CI 

Ballot  l)<)xes  for 151,  154,  157 

{Sec    ItJillot    Boxes.) 

Ballots   supplied  how,    144-14G 

Closing  of 1C3,   183,   187,   192,   201 

Exclusion    from    within    guard    rail,  166, 

168,  179 

Number  determined  how, 152 

Opened  at  what  hour,   149,  150 

V  It  K I»  A  It  A  TI O  V    O F, 

ballot  boxes,  additional  sets  of.    .  .   151 
booths  and  guard  rails,  .  .  .152,  153,  157 
location   and   equijiment,   generally,  152 
sample  ballots  and  cards  posted  in 
and  about,   147 

PRESIDENTIAL  ELECTORS, 

Canvassing   votes   for,    219-221 

Certificate  lost,  copy  used  by  can- 
vassers,       219 

Certificates  of  votes  for;  form;  dis- 
position,     218,    219 

Check-list  used,    82 

Electors    construed,     65 

Meeting  of;  fees.  222,  223 

Vacancy  filled  how 222 

Votes  taken  and  counted  how 217 

Voting  for,  in  another  town,  allowed 

when,     72,    73 

Warning  for  election  of,   ...148,  149,  217 

PRESIDING  OFFICERS, 

Additional  polling  places;    duties,    .,  ICO 

163,  164 
Additional   sets  of  boxes  opened,   to 

have  direction  of  election,   173 

Assistance  furnished  to  person  unable 

to  mark  ballot 178 

Ballot    clerks    under    supervision    of,  171 

FAI-I-OTS, 

destroyed,  stolen  or  insufficient;  du- 
ties     146 

distributed   by,   to   additional    poll- 
ing places,   158 

distribution    generally,     175 

receipt  for 145 

spoiled,  cancelled  by, 180 

B.\I.L,OT   BOXE.S, 

supervision    of   additional    .sets    of,  173 

notice  of  intention  to  turn 183 

turning  before  time;   penalty,   225 

Candidates  disqualified  to  act  as, 
wlien 167 

Cards  of  instruction  and  sample  bal- 
lots   posted    l>y 147 

Certificates   of  election   signed   by,..   185 

Conntv  officers,  duties  as  to  votes 
for;"  certificate 195,  196 


Election   officers   include,    166 

General   elections 167 

Local   elections,    167 

Penalties  for  offenses  by,   224-226 

Presidential    electors,    duties    as    to 

certificates  of  votes  for, 218,  219 

Representative    not    elected    on    first 

ballot,   duties,    183,   184 

Representative's      election      declared 

by,   185,  186 

Special  election  of  congressman,  du- 
ties as  to  certificates 212 

State  officers  and  congressmen,  du- 
ties as  to  votes  for,  etc., 187-190 

Votes  and  certificates  delivered  to 
town  clerk  by 164,   190 

PRISONERS, 

Residence  for  voting  purposes  not 
affected,     73 

PUBLICATION, 

Candidates  for  office  may  present 
views  by;    limitation 105,  lOG 

QUALIFICATIONS  OF  VOTERS, 

Approbation  of  board  of  civil  au- 
thority,      74 

Caucuses,  voters  in 122 

Check-list  con<'lusive  as  to,    ..83,  90,  159 

Citizensliip  defined 67,  69 

Disqualifications  stated  in  check-list; 

effect,     75.    83 

Freemen's  oath  required,    69.  74 

General   elections 68-74 

Local    elections 90 

Removal  and  non-residence,  provi- 
sions as  to  cases  of,  69 

Residence,  provisions  as  to,  68-73 

Residence  retained  by  filing  declara- 
tion      71 

Soldiers,     prisoners,     students,     etc., 

special  provisions  as  to,    73 

Unorganized  towns  and  gores,   SO 

Voting  allowed  in  another  town, 
when,    72,  73 

RECEIPTS, 

Presiding  officers  at  elections,  fur 
ballots,    145 

RECORDS. 

Additional  polling  places,  votes  cast 
at ;   evidence,   160 

Presiding  officer's  statement  as  to 
shortage   of   ballots 146 

Rejection  of  ballots ISl,  190 

Votes  for  state  officers  and  congress- 
m(>n 1 S7 

AVarnings    recorded     before    posting,  148 

REPRESENTATIVES  TO  CONGRESS, 

Ballots  ca^t  for,  preservation  of.    ...    190 
Canvassing  votes  for;  certificates.   .  .   208 

209,  212-216 
Check-list  used 82 


INDEX. 


REPRESENTATIVES    TO    CON-      sec. 
GRESS,  Continncd, 

Counting    and    returning    votes    for; 

certificates,   187-191 

Returns    tabulated    by    secretary    of 

state,    198 

Special  elections  for;   procedure,  211-21G 
Unorganized   towns   and   gores,    resi- 
dents vote  where,    80 

Vacancy,  special  election  to  fill 21G 

Voting  for,  in  another  town,  allowed 
when,    72,  73 

REPRESENTATIVES  TO   GENERAL 
ASSEMBLY, 
Ballot  boxes  for;    color;   designation,  154 

BAI.I.OTS, 

preservation  of  those  cast,  190 

printing    and    distribution;     num- 
ber,     131,    132,    144 

separate  ballots,  134 

Certificate  of  election, 185,  186 

Contesting  election  of,   202-207 

Counting  and  returning  votes  for,  . . 

162,  183 
Election  not  adjourned  until  chosen, 

unless,   184 

Majority    lacking,    another   balloting 

had,    183 

Record    of   votes    for,    at   additional 

polling  places 160 

Residence    required    of    voters    for; 

disqualification  stated  in  check-list, 

68,  75,  83 
Turning  ballot  box  containing  votes 

for,   183 

RESIDENCE, 

Check-lists  to  give,    75,  117 

Requisites  for  voting  piu'poses,   ....68-73 

SAILORS, 

Residence  not  gained  or  lost  by  ser- 
vice,         73 

SCHOOL  MEETINGS, 

Illegal  voting  in 234,  235 

Presiding     officer     receiving     illegal 
vote,  224 

SECRETARY  OF  STATE, 

Blanks  furnished  by,   Ill,  198 

Canvassing  votes  for;   no  choice,   . .  .   199 
Certificates  of  nomination  filed  and 

preserved  by,    96-98 

Certificates  of  votes  for  congressmen 

kept  by,    209 

Certificates  of  votes  not  received,  du- 
ties,       197 

Constitutional   amendment   proposed, 

certified  to  county  clerks 138 

Member  of  canvassing  board  for  pres- 
idential electors;  duties 220,  221 

Returns  tabulated  by;  disposition,  . .   198 

State  nominations  certified  by, 99 

State  officers  includes,   65 


SELECTMEN,    .  sec. 

ADDITIONAL   POLI.IXG   PLACES, 

check-list  sub-divided  for,  156 

located   by,    155 

Appointments   to   board  of  civil   au- 
thority  made   by,    76 

CHECK-LISTS  PREPARED   BY, 

caucuses,  when;   posting,   114,  117 

general  elections;    posting 75,  156 

local   elections;    posting,    85 

Check  names  when 172 

Civil    authority,    members   of    board 

of,     ^ 66 

Pay  of  assistant,  ballot  and  assisting 

clerks  fixed  by,  170 

Polling  places  equipped  by  chairman, 

when,    152-154.  157 

Presiding  officer,  one  to  act  as,  when,  167 
Town    clerk's    duties    performed    by 

one,  when 174 

Warning   elections,    149,    150 

SENATORS, 

Counting  and  canvassing  votes  for; 

certificates 193,  194 

County  officers  include 65 

SHERIFFS, 

County  officers  include,    65 

Votes  for  congressmen  canvassed  by, 
when;   duties,   213-215 

SOLDIERS, 

Resideni-e  for  voting  purposes, 73 

SOLDIERS'  HOME, 

Inmates'  qualifications  as  voters,   ...     73 

SPEAKER  OF  HOUSE, 

Member     of     canvassing     board     for 
presidential  electors;  duties,  ..220,  221 

STATE  OFFICERS, 

Ballots  cast  for,  preservation  of,   ...   190 

Canvassing  votes  for 199,  200 

Counting    and    returning    votes    for; 

certificates,    163,  187-191,  198,  200 

Defined,     65 

General  assembly  to  elect  certain,  if 

no    choice,    199 

Returns    tabulated    by    secretary    of 

state 198 

Unorganized   towns   and    gores,    resi- 
dents vote  where,   SO 

Voting  for,  in  another  town,  allowed 
when 'i^,    '73 

STUDENTS, 

Declaration  of  intention  filed  by,  for 
voting   purposes "3 

STATE  TREASURER, 

State  officers,  included  in, 65 


10 


IXDEX. 


STATE'S  ATTORNEY,  sec. 

County  officers,  includod  in,   65 

TOWN  AGENTS. 

Prosecutions  by,  for  illegal  voting,   .   227 

TOWN  CLERKS, 

AIJIJITIOXAL,    l'OL,KI.VG    I'l^ACES, 

ballots  preserved,  when 164 

fheck-list  for,  furnished  by,  158 

record  of  votes  at,   160 

ASSISTANT    CLKRKS, 

additional   polling   places;    duties,  160, 

162-164 

appointment;   duties 172,  173 

caucuses,  checking  names  at, 129 

BAI.I-OTS, 

form  and  contents, 133-lo7 

printing  and  distribution, 131,  132 

ready  for  inspection  when 132 

sample  ballots  provided  by, 142 

spoiled  or  unused  ballots  preserved 

by,    180 

town  representative  and  justices,   .  131 

transmission  to  i)iTsiding  officer,   .  145 

votes   kept   by,    164,  190 

CAUCUS    I.A\%% 

ballot  clerks,  certificate  of  appoint- 
ment filed 128 

caucuses,  duties  at, 129 

certificates    of    intention    filed    by; 

fees,    113 

check-list,  copy  filed  by,   117 

check-list       lodged       with,       when 
checked 129 

Cards  of  instruction  to  voters  fur- 
nished by,    147 

Certificates  from,  to  enable  voting  in 
another  town,    72 

Certificates    of    election    signed    by, 

when,  186 

Certificates  of  nomination  preserved 
by,    98 

CERTIFICATES    Ol'   A  OIKS, 

copies  made  when, 197,  219 

presidential     electors;      filing     and 

record,  219 

state  officers,  etc.;  attesting;  dupli- 
cates  188,   189 

Certified    copies    of    election    records 

furnished  by,  when 197,  219 

Checking  names,   172,  179 

CHECK-UISTS    PILED    BY, 

additional  polling  places;  copies,  159 
general  elections;  evidence,  ....84,  159 
local  elections,    85 

Civil  authority,  member  of  board  of,     66 

Disqualified   to  act,  when 174 

Elections   warned    by,    when;    record, 

148,   149 
Presidential  electors,  duties  as  to  cer- 
tificates of  voti-s  for 219 


TOWN  CLERKS,  Confiinied,  sec. 

Presiding  (jfficer's  statement  as  to 
shortage  of  ballots  recorded  by,    .   146 

Spoiled  and  unused  ballots  preserved 
by,    180 

State  officers  and  congressmen,  du- 
ties at  election  of,   187,  188,  190 

Warnings  recorded  bj' 148 

TOWNS, 

Australian  system  not  to  apply, 
when 182 

Civil  authority,  board  of,  constituted 
how 66 

Election  officers,  generally,  166 

TRUSTEES,  VILLAGE, 

Check-list  prepared  by,  when,   86 

Members  of  board  of  civil  authority,     66 

UNORGANIZED     TOWNS    AND 
GORES, 

Residents  vote  where,    80 

VACANCIES, 

Ballot  clerks,    168 

Canvassing    board     for    presidential 

electors,     220 

Death   or   withdrawal   of    candidate,  100, 

101,  141 
Political     party     unrepresented     on 

board  of  civil  authority, 76 

Presidential  electors, 222 

Representative    to    congress;    special 

el(>ction,     216 

VILLAGES, 

Australian  system  not  to  apply, 
when 182 

Ballot  clerks  and  assisting  clerks  ap- 
pointed by  trustees 168,   169 

Ballots  printed  and  distributed  by 
clerks,  when;  form 131-137 

Check-lists  at  local  elections  prepared 
how;    posting;    filing,    86 

Civil  authority,  board  of,  constituted 
how,     66 

Clerk  or  trustees  to  check  names,   .  .   172 

Election  officers,   generally 166 

Lists  of  candidates  posted  by  clerks,     103 

Officers'  duties,  generally,   87 

{See  lending  titles.) 

Presiding  officer's  statement  as  to 
shortage  of  ballots  recorded  by 
clerk    146 

Spoiled  and  unused  ballots  preserved 
by   clerk 180 

Trustees  to  piM^imrc  checlc-list,  when,     86 

VOTERS, 

Offenses  l)y. 

{See  iV'iiiim«'H. ) 

Qualifications  of 67-74 

(/See    4tun  I  illral  Ions    ol'    \o(«T?».) 


"^ 


INDEX. 


11 


VOTES,  SEC. 

(Sec   also    Ballots.) 

Disposition  of  votes  cast,  1G4,  190 

Roford     of,,    at     additional     polling 
places,    IGO 

VOTING  BOOTHS, 

{See    I'olliiiK    I'laoeN.) 

VOTING,  PROCESS  OF, 

Additional  polling  places,   161 

Assistance  rendered  voters,  when,  . .  178 
Ballots  procured  by  voters,  how,....  176 
Ballots  produced  by  presiding  officer,  175 
Folding  and  depositing,  179 


VOTING,  PROCESS  OF,  t'onlinued,    sec. 

Marking,  177 

Rejection  of  ballots,   181 

Spoiled  or  unused  ballots,  provisions 

as  to,   180 

Voters  admitted  behind  rail,  when,  .   176 

WARNING  ELECTIONS, 

General  elections 149 

Local   elections,    150 

Presidential  electors,  election  of,   ...  217 

Record  of  warning,  148 

WITNESSES, 

Contested  elections,  207 


